§ 156.124   OVERLAY DISTRICTS.
   (A)   Neighborhood overlay districts.
      (1)   Breckonridge Overlay District.
         (a)   No residential structure shall be erected or placed having a finished floor area of less than 1,000 square feet. (Ord. O-2003-63, passed 12-16-03).
         (b)   Mobile homes shall not be permitted.
      (2)   Savannah Way Overlay District.
         (a)   No residential structure shall be erected or placed having a finished floor area of less than 1,600 square feet.
         (b)   Each home shall have a garage with a minimum size of 380 square feet.
         (c)   No home shall be built with less than 25% of its exterior surface area covered by brick, stucco or stone.
         (d)   Mobile homes shall not be permitted.
      (3)   Carmel Village Expansion, Section I Overlay District.
         (a)   No residential structure shall be erected or placed having a finished floor area of less than 1,900 square feet. Each home shall have wood siding, brick or stone or any exterior combination thereof.
         (b)   Mobile homes shall not be permitted.
      (4)   Trull Place Overlay District.
         (a)   No residential structure shall be erected or placed having a finished floor area of less than 1,300 square feet for lots 15 through 25 and 1,250 square feet for lots 26 through 34.
         (b)   All homes shall have vinyl, brick or combinations of vinyl and brick exterior.
         (c)   Mobile homes shall not be permitted.
      (5)   Yorkshire Phase 2A Overlay District.
         (a)   No residential structure shall be erected having a heated floor area of less than 2,000 square feet.
         (b)   All homes shall have a brick exterior.
         (c)   All homes shall have a two car, side-load garage.
         (d)   Mobile homes shall not be permitted.
      (6)   Timberlake Overlay District.
         (a)   No residential structure shall be erected or placed, having a heated floor area of less than 1,600 square feet.
         (b)   Each house shall have a standard two-car garage.
         (c)   No building shall be located on any lot nearer than 30 feet to the front line or nearer than ten feet to any side line or nearer than 15 feet to any rear line.
         (d)   No home or garage shall be constructed upon any lot, the exposed exterior wall of which is made of stucco, asbestos shingle, or concrete block.
         (e)   All driveways shall be paved with asphalt or concrete from the street to the garage and should be able to accommodate four cars.
         (f)   Any house built on a slab foundation shall have a minimum four course brick masonry veneer skirt (of standard brick size) extending up the face of the slab.
         (g)   The wall of the architectural front of the dwelling shall not run unbroken (unarticulated) for a distance greater than twenty-four linear feet. All offsets shall be at least one foot in depth.
         (h)   The exterior walls of all dwellings (excluding trim) shall be made of wood, brick, vinyl, stone, stucco or similar materials.
         (i)   A minimum of 25% of the architectural front wall area (including windows and doors; excluding foundations) of any house constructed shall have brick, stucco, or stone finish.
         (j)   The majority of all roof areas on any house shall have a minimum of 6/12 roof pitch.
         (k)   A planted strip of at least twenty-four inches shall be placed between the street curb and sidewalk.
         (l)   The front yard of each lot shall contain at least two trees, suitable for healthy growth in our climate, each with a minimum caliper of one and one half inches measured at a height of six inches above the ground.
         (m)   All exposed chimneys shall have a brick veneer.
         (n)   The orientation of all single-family homes shall be in accordance with the restrictions established by the Timberlake Neighborhood as recorded in book 155 on page 191 in the Union County Register of Deeds.
         (o)   Mobile homes shall not be permitted.
      (7)   Bridgewater Overlay District.
         (a)   No residence on any lot shall be smaller than 2,200 square feet of heated floor area if it consists of a single-story design. Any residence that is constructed at one and one half or two-stories located on any interior lot (lots 18 through 44), shall be no smaller than 2,400 square feet of heated floor area. Any residence on any lot which abuts Lake Lee (lots 1 through 17) shall be no smaller than 2,500 square feet of heated floor area, regardless of design or the number of stories. Square-footage below grade or within a basement shall not be considered towards these minimum square footage requirements.
         (b)   Any residence or other structure located on any lot shall be constructed of brick, stone or stucco, or combinations of said materials.
         (c)   Any residence located on any lot shall have a paved or concrete driveway.
         (d)   No residence shall be constructed except with a crawl-space foundation. That is, no concrete slab foundations shall be permitted, except those portions of a residence that are considered basement or garage areas.
         (e)   All residences shall have an attached garage no less than 400 square feet. No garage shall face a dedicated street or right-of-way, except as herein noted. That is, all garages shall be “sideload” or “rear-load” only and must have a garage door or doors. However, any residence on a lot, which adjoins two dedicated streets, shall be permitted to have its garage(s) facing the secondary street. Garages may be constructed only of a material and design substantially similar to the materials and design of the residence.
         (f)   Mobile homes shall not be permitted.
      (8)   Northwoods, Phase I Overlay District.
         (a)   No residential structure shall be erected or placed, having a heated floor area of less than 1,100 square feet.
         (b)   No home or garage shall be constructed upon any lot, the exposed exterior wall of which is made of asbestos shingle, or concrete block.
         (c)   Any house built on a slab foundation shall have a minimum four course brick masonry veneer skirt (of standard brick size) extending up the face of the slab.
         (d)   The wall of the architectural front of the dwelling shall not run unbroken (unarticulated) for a distance greater than twenty- four linear feet. All offsets shall be at least one foot in depth.
         (e)   The exterior walls of all dwellings (excluding trim) shall be made of wood, brick, vinyl, stone, stucco or similar materials.
         (f)   Mobile homes shall not be permitted.
      (9)   Windmere Overlay District.
         (a)   No residential structure shall be erected having a heated floor area of less than 2,400 square feet. The exterior of all homes shall consist of a minimum of 85% brick.
         (b)   All homes shall have a two (2)-car garage.
         (c)   All exterior foundation walls shall be constructed with brick.
         (d)   The majority of all roof areas shall have a minimum 6/12 roof pitch.
         (e)   Mobile homes shall not be permitted.
      (10)   Bramblewood Overlay District.
         (a)   No residential structure shall be erected or placed, having a heated floor area of less than 1,600 square feet.
         (b)   No home or garage shall be constructed upon any lot, the exposed exterior wall of which is made of vinyl, unfinished concrete, masonite, or metal siding.
         (c)   No residence shall be constructed except with a crawl-space foundation.
         (d)   The wall of the architectural front of the dwelling shall not run unbroken (unarticulated) for a distance greater than twenty-four linear feet. All offsets shall be at least one foot in depth.
         (e)   The majority of all roof areas on any house shall have a minimum of 6/12 roof pitch.
         (f)   The front yard of each lot shall contain at least two trees, suitable for healthy growth in our climate, each with a minimum caliper of one and one half inches measured at a height of six inches above the ground.
         (g)   Mobile homes shall not be permitted.
      (11)   Myers Meadow, Phase II, Section II Overlay District.
         (a)   Single-family dwellings shall contain not less than a minimum of 1,000 square feet nor more than 2,000 square feet of finished ground floor area for single level dwellings, and not less than 1,200 square feet nor more than 2,600 square feet of finished floor area, with a minimum of 800 square feet of ground floor area, for multi-level dwellings, exclusive of garage, carport, basement (whether finished or unfinished, heated or unheated), unhealed areas and nonliving spaces.
         (b)   All dwellings shall be constructed with a brick veneer exterior; provided, only the roof climbs on the dwellings may be constructed either of brick veneer or vinyl siding exteriors.
         (c)   Mobile homes shall not be permitted.
      (12)   Cameron Woods Overlay District.
         (a)   No single-family dwelling shall be erected with a heated floor area of less than 1,200 square feet.
         (b)   Mobile homes shall not be permitted.
      (13)   The Karrington Overlay District.
         (a)   No single-family dwelling, one story in height, shall be erected and maintained with the heated living area of less than 2,600 square feet. Any one and one-half story dwelling, two story dwelling or tri-level or split level type dwelling shall have enclosed heated living area of the main structure, exclusive of open porches, garages, and other heated spaces of not less than 2,800 square feet.
         (b)   All residences shall be constructed with a garage large enough to contain a minimum of two automobiles.
         (c)   All dwellings and garages shall have brick exteriors on all sides, save porches and terraces.
         (d)   Mobile homes shall not be permitted.
      (14)   Winchester Overlay District.
         (a)   The construction or renovation as proposed and designed will be compatible in the neighborhood, and along the street with which it is located.
         (b)   The construction or renovation as proposed and designed fulfills the intent of § 156.132 of the City of Monroe Code of Ordinances.
         (c)   The construction or renovation as proposed and designed will not substantially injure the value of adjoining or abutting property.
         (d)   The construction or renovation as proposed maintains the historic character and integrity of the infill neighborhood in which it is located.
         (e)   The construction or renovation as proposed shall adhere to the strategies and objectives outlined in the City of Monroe Land Development Plan.
         (f)   Duplexes may be allowed on corner lots.
         (g)   All principal developments shall obtain a special use permit.
         (h)   Mobile homes shall not be permitted.
      (15)   Camelot Subdivision Overlay District.
         (a)   No residential structure shall be erected or placed having a finished floor area of less than 2,000 square feet.
         (b)   Each Home shall have wood siding, brick or stone or any exterior combination thereof.
         (c)   Mobile homes shall not be permitted.
      (16)   Austin Ridge Subdivision Overlay District.
         (a)   No residential structure shall be erected or placed having a finished floor area of less than 1,600 square feet.
         (b)   Driveways shall be constructed from concrete material from the street to the dwelling.
         (c)   A two-car garage shall be required.
         (d)   All homes shall be all brick or partial brick with the remaining exterior consisting of vinyl or aluminum siding.
         (e)   Mobile homes shall not be permitted.
      (17)   Twin Brook II Overlay District.
         (a)   No residential structure shall be erected on said lots having a finished heated floor area of less than 2,000 square feet, excluding the garage area.
         (b)   Each home shall have a garage large enough to accommodate two cars with a minimum size of 400 square feet (20' x 20').
         (c)   Exterior walls of each home and garage (excluding trim) shall be entirely of brick, stone, or stucco or any combination thereof.
         (d)   Each home shall be built upon a crawl space foundation.
         (e)   The majority of all roof areas on each home and garage shall have a minimum 6/12 roof pitch.
         (f)   Each home shall have a driveway paved with asphalt or concrete from the street to the garage and shall accommodate four cars.
         (g)   Construction of each home will be finished no later than one year from the date the homeowner receives the proper building permits from the City of Monroe or Union County, as appropriate.
         (h)   The yards of each home shall be landscaped and shall have some form of permanent ground cover that is consistent with the intended landscaping.
         (i)   Mobile homes shall not be permitted.
   (B)   Airport Overlay (AO) District.
      (1)   Purpose. The Airport Overlay (AO) District is intended to protect the airport environment from the encroachment of in-compatible land uses which present hazards to users of the airport as well as to persons residing or working in the airport vicinity. It is the intent of this section to restrain influences which are adverse to the airport property and safe conduct of aircraft in the vicinity of the Monroe Regional Airport, to prevent creation of conditions hazardous to aircraft operation, to prevent conflict with land development which may result in loss of life and property, and to encourage development which is compatible with airport use characteristics within the intent and purpose of zoning. To this end, AO designation, when overlaid to a basic district classification, is intended to coordinate the purpose and intent of the ordinance with other regulations duly established by the City of Monroe, whose primary intent is to further the purposes set out above.
      (2)   Applicability.  The Airport Overlay District is not intended to be utilized as a district classification, but as a designation which identifies areas subject to regulations which are supplementary to the regulations of the district to which such designation is attached, appended, or overlaid. Regulations which apply to areas designated on the zoning map as being within such appended or overlaid designation must be determined by joint reference to the regulations of both the basic district classification and the overlay classification.
      (3)   Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         AIRPORT.  Monroe Regional Airport.
         AIRPORT ELEVATION.  The highest point of the airport’s useable landing area measured in feet above mean sea level (679.0 feet).
         APPROACH SURFACE.  A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 156.124.
         APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES.  These zones are set forth in § 156.124.
         CONICAL SURFACE.  A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
         HAZARD TO NAVIGATION.  An obstruction determined to have a substantial adverse effect on the safety and efficient utilization of the navigable airspace.
         HEIGHT.  For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be a mean sea level elevation unless otherwise specified.
         HORIZONTAL SURFACE.  A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
         LARGER THAN UTILITY RUNWAY.  A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
         NONCONFORMING USE.  Any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of the ordinance or an amendment thereto.
         NONPRECISION INSTRUMENT RUNWAY.  A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
         OBSTRUCTION.  Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 156.124.
         PERSON.  An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
         PRECISION INSTRUMENT RUNWAY.  A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
         PRIMARY SURFACE.  A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 156.124. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
         RUNWAY.  The defined area on an airport prepared for landing and takeoff of aircraft along its length.
         STRUCTURE.  An object, including a mobile object, constructed or installed by man, including by without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
         TRANSITIONAL SURFACES.  These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the aides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. TRANSITIONAL SURFACES for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured from the edge of the approach surface and at 90 degree angles to the extended runway centerline.
         TREE.  Any object of natural growth.
         UTILITY RUNWAY.  A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
         VISUAL RUNWAY.  A runway intended solely for the operation of aircraft using visual approach procedures.
      (4)   Airport zones established. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Monroe Regional Airport. Such zones are shown on the Official Zoning Map of the City of Monroe.  An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and are defined as follows:
         (a)   Precision Instrument Runway Approach Zone AO-A). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
         (b)   Nonprecision Instrument Runway Approach Zone (AO-AN). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
         (c)   Transitional Zones (AO-T). The transitional zones are the areas beneath the transitional surfaces.
         (d)   Horizontal Zone (AO-H). The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
         (e)   Conical Zone (AO-C). The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there, from a horizontal distance of 4,000 feet.
      (5)   Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no trees shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limitations herein established for each zone in questions as follows:
         (a)   Precision Instrument Runway Approach Zone (AO-AP). Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence, slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
         (b)   Nonprecision Instrument Runway Approach Zone (AO-AN). Slopes 34 feet outward for each foot upward beginning at the end of the horizontal distance of 10,000 feet along the extended runway centerline.
         (c)   Transitional Zones (AO-T). Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface, and extending to a height of 150 feet above the airport elevation (or 829 feet above mean sea level). In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the side of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.
         (d)   Horizontal Zone (AO-H). Established at 150 feet above the airport elevation or at a height of 829 feet above mean sea level.
         (e)   Conical Zone (AO-C). Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation or at a height of 1,029 feet above mean sea level.
         (f)   Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 100 feet above the surface of the land.
      (6)   Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
      (7)   Nonconforming uses.
         (a)   Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and is diligently prosecuted.
         (b)   Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Monroe Regional Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Monroe Regional Airport Authority.
      (8)   Permits.
         (a)   Future uses.
            1.   Except as specifically provided in (a), (b), and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it, to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with § 156.66.
               a.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
               b.   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground, except when such tree or structure would extend above the height limits prescribed for such approach zones.
               c.   In areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 100 feet above the ground, except when, such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limits prescribed for such transition zones.
            2.   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration of any structure, or growth of any tree in excess of any of the height limits established by this section.
         (b)   Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become greater hazard to air navigation than it was on the effective date of this section, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such permit shall be granted.
         (c)   Nonconforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 60% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the regulations of this section.
         (d)   Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in compliance with the regulations prescribed in this section may apply to the Board of Adjustment for a variance from such regulations. The application for a variance shall accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief, if granted, will not be contrary to the public interest, will not create hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this section. Additionally, no application for a variance to the requirements of this section may be considered by the Board of Adjustment unless a copy of this application has been furnished to the Director of the Monroe Regional Airport for advice as to the aeronautical effects of the variance. If the Airport Director does not respond within 30 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
         (e)   Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the Monroe Regional Airport Authority at its own expense, to install, operate, and maintain the necessary markings and lights.
      (9)   Enforcement. It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Administrator upon a form published for that purpose. Applications required by the section to be submitted to the Zoning Administrator shall be promptly considered and granted or denied. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Zoning Administrator.
   (C)   South Monroe Historic District. The South Monroe Historic District is further described in §§ 156.195 through 156.208 and Article XVI of this Chapter titled “Design Guidelines.”
   (D)   Sutherland Avenue Overlay District.
      (1)   Intent.  The Sutherland Avenue Overlay (SA-O) District is to promote development that serves as a transition or buffer between commercial and heavy industrial uses and is generally devoted to light manufacturing, processing and assembly uses, warehousing, distribution and office park with limited retail and service uses.
      (2)   Applicability.  This section applies to all properties that are within the boundaries of the Sutherland Avenue Overlay district as identified on City of Monroe Zoning Map.
      (3)   Dimensional and Other Requirements.  All dimensional and other developmental requirements of the Sutherland Avenue Overlay (SA-O) District shall be governed by the underlying zoning district with the exception of subsections (5) and (6) of this section.
      (4)   Use of the Designations in Table of Permissible Uses.  When used in conjunction with a particular use in the Sutherland Avenue Overlay District Table of Permissible Uses:
         (a)   “Z” indicates the use is permissible by right with the zoning district. Permitted uses are subject to all other applicable standards of the Unified Development Ordinance.
         (b)   “S” indicates the listed use is permitted within the district only after review and approval of a Special Use Permit from the Board of Adjustment.
         (c)   “ZR” indicates the use is permitted subject to additional zoning requirements.
      (5)   Table of Permissible Uses for Sutherland Avenue Overlay District.
AGRICULTURAL USE CATEGORY
Agricultural:
Sutherland Avenue Overlay (SA-O)
Crop Production
Z
Farm Supply Store with Outdoor Storage
S
Farm Supply Store without Outdoor Storage
Z
Plant Nursery, wholesale
Z
Plant Nursery with Landscaping
Material - add supplemental requirements
ZR
INSTITUTIONAL USE CATEGORY
Educational Facilities:
Sutherland Avenue Overlay (SA-O)
All Educational Facilities (Colleges and Universities), except as listed below
Z
School, Business
Z
School, Trade
Z
Government Facilities:
Sutherland Avenue Overlay (SA-O)
Government Building (excluding correctional institution)
Z
Police Stations
Z
Fire Stations
Z
EMS and Rescue Services
Z
Post Office
Z
Health Care Facilities:
Sutherland Avenue Overlay (SA-O)
Hospital
Z
Medical/Dental Offices, Labs and Clinics
Z
Public Parks and Open Areas:
Sutherland Avenue Overlay (SA-O)
Public Parks and Open Space
Z
Transportation:
Sutherland Avenue Overlay (SA-O)
Bus Charter Service, including passenger terminal
Z
Limousine/Chauffeur Service/Taxi Company/Taxi Stand
ZR
Utilities:
Sutherland Avenue Overlay (SA-O)
Utilities, Minor
Z
Utilities, Major
Z
Telecommunication Facility, Co-Location on Existing Building, Structure or Tower
Z
COMMERCIAL USE CATEGORY
Animal Services:
Sutherland Avenue Overlay (SA-O)
Shelter/Boarding Kennel, Indoor Only
S
Sales and Grooming, No overnight boarding
Z
Veterinary
Z
Entertainment and Recreation:
Sutherland Avenue Overlay (SA-O)
Firing and Archery Range, Indoor Only
S
Health Clubs/Fitness Centers to include Yoga and Pilates, Indoor Only
Z
Office:
Sutherland Avenue Overlay (SA-O)
Bail Bonding Office
Z
Collections Agency
Z
Counseling Office
Z
Detective Agency
Z
Electric, Heating, Air Conditioning, Ventilating, Plumbing Sales, Service, and Contractor’s Office without Outdoor Storage
Z
Engineering, Architect or Surveying Office
Z
Insurance Agency
Z
Legal Service
Z
Telemarketing, Call Centers
Z
Bank  Teller Machine, Outdoor (Principal or Accessory Use)
Z
Parking, Commercial:
Sutherland Avenue Overlay (SA-O)
Parking Lot, Principal Use
Z
Parking Deck
Z
Restaurants:
Sutherland Avenue Overlay (SA-O)
Restaurant, Carryout, Delivery, No Seating
Z
Retail Sales and Service:
Sutherland Avenue Overlay (SA-O)
Bakery
Z
Animal and/or Feed Supply Store, Indoor Only
Z
Appliance Repair Shops
Z
Blueprinting and Drafting Service
Z
Building Material Supply Store
Z
Locksmiths
Z
Delivery/Courier Service, Local (No Commercial Vehicles)
Z
Dry Cleaning Drop Off/Pick Up
Z
Electronic Sales and Repair
Z
Floor Covering Store
Z
Janitorial Service
Z
Landscaping Maintenance
ZR
Window Cleaning Service
Z
Exterminator Service
Z
Tool Equipment Sales and Rental
ZR
Contractor/Construction Storage Yard
ZR
Television, Radio and Recording Studios
S
Wholesale Sales
Z
Small Business Machine Repair
Z
Storage:
Sutherland Avenue Overlay (SA-O)
Self-Service Storage, Including Mini-Warehouses
Z
Moving and Storage Facility (example: U-Haul Service)
Z
Vehicle Sales and Service:
Sutherland Avenue Overlay (SA-O)
Auto Supply Store
Z
Car Wash
Z
Vehicle, RV or Boat Storage
ZR
Motor Vehicle Repair and Maintenance
ZR
Tire Recap and Repair Facility
ZR
INDUSTRIAL USE CATEGORY
Light Industrial Service:
Sutherland Avenue Overlay (SA-O)
Building Maintenance Service
Z
Business Equipment Sales and Service
Z
Commercial Greenhouse or Nursery
Z
Office Warehouse
Z
Construction Sales and Service
Z
Commercial Laundry Services
Z
Cabinet and Woodwork Shop
Z
Food Catering Facility
Z
LP Gas and Heating Oil Dealer
Z
Machine Shop
Z
Musical Instrument Manufacturing
Z
Pest Control Service
Z
Small Engine Repair
Z
Upholstery Shop
Z
Warehouse and Freight Movement:
Sutherland Avenue Overlay (SA-O)
Rail Transportation and Support Facilities
Z
Truck Terminal and Support Facilities
Z
Production Distribution Center
Z
Warehousing and Storage, non-farm related products
Z
Waste and Salvage Related Services:
Sutherland Avenue Overlay (SA-O)
Recycling Processing Facility, Indoors Only
S
Heavy Industrial:
Sutherland Avenue Overlay (SA-O)
Textile Dye Mixing
S
 
      (6)   Supplementary Requirements.
         (a)   Lawn and Garden Supply, Nursery with Outdoor Storage.
            1.   With the exception of the landscape plants offered for sale, all materials shall be contained within a building, except that open storage and sales areas may be in the side or rear yard provided that such open storage and sales areas are contiguous to the building and kept in an organized fashion.
         (b)   Limousine/Chauffeur Service/Taxi Company.
            1.   Automobiles stored on such premises shall be at least 50 feet from any residential district boundary and at least ten feet from any property line. No automobile shall be stored or parked outside of a paved area.
            2.   When located within 150 feet of a residential zone boundary line, such vehicles shall be stored within an enclosed building or in an area screened on all sides by an opaque wall or fence, or compact evergreens screen not less than six feet in height.
            3.   No service or repair of such vehicles shall be conducted on the premises.
            4.   The entrance and exits, driveway aisles, parking and storage spaces shall be increased in size to accommodate the size of the vehicle for which the storage is intended.
         (c)   Landscaping Maintenance.
            1.   All vehicles and equipment shall be stored within the side or rear yard within a fenced area that is screened with landscaping so as not to be seen from the right-of-way or adjoining property.
         (d)   Tool Equipment Sales or Rental.
            1.   No equipment for sale or rent may be displayed in any front yard, nor shall such displays be permitted to encroach on any required landscaping areas.
            2.   All equipment for sale or rent shall be within a fenced area.
            3.   No outdoor public address system shall be permitted.
         (e)   Contractor/Construction Storage Yard.
            1.   Outdoor storage areas are prohibited within 50 feet of any public street right-of-way and within 100 feet of residential uses and/or residential zoning districts.
            2.   Outdoor storage areas shall be screened so as not be seen from the right-of-way or adjoining property.
            3.   Openly stored items shall not project above the screening.
            4.   Storage areas shall be limited to the side and rear yards only.
         (f)   Vehicle, RV or Boat Storage.
            1.   Outdoor storage areas are prohibited within 50 feet of any public street right-of-way and within 100 feet of residential uses and/or residential zoning districts.
            2.   Outdoor storage areas shall be fenced and screened with evergreen and deciduous trees so as not to be seen from the right-of-way or adjoining property.
            3.   Storage areas shall limited to the side and rear yards only.
            4.   All vehicles shall be stored/parked on a paved surface.
         (g)   Motor Vehicle Repair and Maintenance.
            1.   All work shall be conducted inside an enclosed building.
            2.   All vehicles in need of repair shall be stored within the side or rear yard within a fenced area that is screened with landscaping so as not be seen from the right-of-way or adjoining property.
         (h)   Tire Recap and Repair Facility.
            1.   All work shall be conducted inside an enclosed building.
            2.   All outside storage shall be located within the side or rear yard within a fenced area that is screened with landscaping so as not to be seen from the right-of-way or adjoining property.
   (E)   Concord Avenue Overlay (CA-O) District.
      (1)   Purpose and intent. The purpose of the CA-O District is to implement the relevant goals and recommendations of the Concord Avenue Master Plan adopted by the City on November 3,2015. The intent of the Concord Avenue Master Plan and the CA-O district is to:
         (a)   Improve safety and aesthetics in the Concord Avenue area identified in the Concord Avenue Master Plan;
         (b)   Promote private investment and beneficial redevelopment of the area in question;
         (c)   Create a suitable environment for compact, pedestrian-oriented, mixed-use development where business, office, retail, and residential uses are located in close proximity one another;
         (d)   Provide greater residential housing choice, affordability, and diversity with varying housing designs and densities;
         (e)   Strengthen the city’s economic base and provide employment and shopping opportunities close to home for city residents;
         (f)   Provide a clear and predictable set of standards and review procedures for development in the district.
      (2)   Applicability. Except where exempted in § 156.124(E)(4), Exemptions, or modified in accordance with § 156.124(E)(12), Modification of District Standards, the standards in this section apply to all land and development located within the CA-O District boundary.
      (3)   Effective date. The effective date of these standards is April 4, 2017.
      (4)   Exemptions. The following forms of development are exempted from the standards in this section:
         (a)   Minor additions to lawfully-established buildings that existed on April 4,2017. For the purposes of this section, MINOR ADDITIONS are defined as increases in the amount of building floor area on a lot of up to 25% beyond what existed on April 4, 2017.
         (b)   Minor renovations or remodeling to lawfully established buildings that existed on April 4, 2017. For the purposes of this section, MINOR RENOVATIONS or REMODELING are defined as interior or exterior improvements to a building that increase the total building value on a lot of up to 25% beyond what existed on April 4, 2017.
         (c)   Changes from one conforming principal use to another conforming principal use with no minor additions or minor renovations are exempted from the standards in § 156.124(E)(15), Dimensional Standards, but shall comply with the development standards in § 156.124(E)(16), Development Standards, to the maximum extent practicable.
         (d)   Development additions or renovations that exceed the definition of “minor” shall comply with all applicable CA-O District standards.
      (5)   Conflict. Conflicts between the standards in this section and other laws or adopted plans in effect are addressed in the following ways:
         (a)   In cases of conflict between the standards in this section and the Concord Avenue Master Plan, the Concord Avenue Master Plan shall control;
         (b)   In cases of conflict between the standards in this section and the standards of the applicable base zoning district, the standards in this section shall control; and
         (c)   In cases where the standards of this section conflict with standards in the city’s code of ordinances, the standards in this section shall control.
      (6)   Relationship to Concord Avenue Master Plan. The following portions of the Concord Avenue Master Plan are hereby adopted and incorporated by reference into the CA-O District standards:
         (a)   The study area boundary on Page 2.2, which identifies the CA-O District boundary;
         (b)   The land use program on Page 5.5, which identifies the general range of allowable uses (but not the required locations of uses) in the CA-O District; and
         (c)   The Comprehensive Master Plan on Page 5.6, which identifies the street patterns and general guidance for site configuration in the CA-O District.
      (7)   Relationship to base zoning district standards. Land included in the CA-O District shall retain its base zoning district designation in place upon the effective date of these standards, but the CA-O District standards shall supersede all applicable base zoning district standards.
      (8)   District boundary. The boundary for the CA-O District is identified in Figure 156.124(E)(8), District Boundary, included below.
Figure 156.124(E)(8), DISTRICT BOUNDARY
      (9)   Sub-districts established. The CA-O District is comprised of four sub-districts, which are identified in Figure 156.124(E)(9), Sub-district Boundaries, included below.
Figure 156.124(E)(9), SUB-DISTRICT BOUNDARIES
      (10)   Modifications to district boundary.
         (a)   Applications to expand, modify, remove, or revise the CA-O District boundary may only be filed by the Planning Board or City Council.
         (b)   Applications to modify a sub-district boundary in the CA-O District may be submitted by anyone authorized to file an application to amend the Official Zoning Map and shall be reviewed and decided in accordance with § 156.224, Amendments of the Unified Development Ordinance, and the adopted Concord Avenue Master Plan. Lots intended for designation to a new sub-district shall comply with the applicable minimum dimensional requirements in Table 156.124(E)(15), Dimensional Requirements in the CA-O District.
         (c)   In no instance shall an amendment to establish a conditional zoning district or planned unit development within the area subject to the CA-O standards include conditions that seek to waive or reduce the requirements of the CA-O District.
         (d)   In the event a roadway or other feature that serves as a boundary of the CA-O district is moved or otherwise relocated, the CA-O district boundary and corresponding sub-district boundary(ies) shall likewise be moved or relocated.
      (11)   Review for compliance. Development subject to this section shall be reviewed for compliance with these standards as part of the review of a site plan, subdivision plat, or zoning permit, building permit, as appropriate. Amendments to an approved application shall be processed in the same fashion as the original approval.
      (12)   Modification of district standards.
         (a)   Minor modifications or deviations of up to 10% of any numerical requirement applicable in the CA-O District may be approved by the Planning Director if the applicant can demonstrate all of the following:
            1.   The modification is consistent with the character of development on surrounding land, and results in development that is compatible with surrounding land uses;
            2.   The modification compensates for some unusual aspect of the site or the proposed development that is not shared by landowners in general or supports an objective or goal from the purpose and intent statements of the zoning district where it is located;
            3.   The modification will not pose a danger to the public health or safety;
            4.   Any adverse impacts resulting from the modification will be fully mitigated; and
            5.   The district standard being modified is not the subject of a previously approved zoning condition or variance on the same site.
         (b)   A modification shall be reviewed and decided prior to the other applications with which it is submitted. (For example, if ft modification request is submitted in conjunction with a site plan application, the modification shall be reviewed and decided prior to the approval of the site plan application.)
      (13)   Allowable uses.Table 156.124(E)(13), Allowable Uses in the CA-O District, sets out the range of use types allowed in the CA-O District regardless of the base zoning district designation. Uses with a “Z” are allowed in a sub-district with the approval of a zoning permit. Principal uses that are not listed in the table shall require approval of a special use permit in accordance § 156.33 of the Unified Development Ordinance.
TABLE 156.124(E)(13) ALLOWABLE USES IN THE CA-O DISTRICT
Use Type
Sub-District A
Sub-District B
Sub-District C
Sub-District D
TABLE 156.124(E)(13) ALLOWABLE USES IN THE CA-O DISTRICT
Use Type
Sub-District A
Sub-District B
Sub-District C
Sub-District D
PRINCIPAL USES
Residential
Assisted living facility
-
Z
Z
-
Duplex residence
Z
Z
-
-
Family care home (6 persons or less)
Z
-
-
-
Group home
Z
-
-
-
Live/work dwelling
Z
Z
Z
Z
Mobile home
-
-
-
-
Multi-family residence
-
Z
-
Z
Single-family attached residence
Z
Z
-
Z
Single-family detached residence
Z
-
-
-
Institutional
Churches and other religious institutions
Z
Z
Z
Z
Healthcare and counseling
-
Z
Z
Z
Libraries, museums, and similar uses
Z
Z
Z
Z
Public safety facility
Z
Z
Z
-
Schools
Z
-
-
-
Social, fraternal and assembly uses
-
-
-
-
Telecommunications facility, major
-
-
-
-
Telecommunications facility, minor
Z
Z
Z
Z
Utility facility
Z
Z
Z
Z
Commercial
Adult use
-
-
-
-
Animal care
-
Z
-
-
Auction house
-
-
-
-
Bank or financial institution, excluding payday lending and check cashing
-
Z
Z
Z
Bar or nightclub
-
-
-
Z
Bed and breakfast
Z
Z
Z
Z
Electronic gaming establishment
-
-
-
-
Flea market
-
-
-
-
Hotel or motel
-
-
Z
Z
Gasoline sales
-
-
Z
-
General retail sales of 3,000 square feet or less
-
Z
Z
Z
General retail sales of 3,001 to 25,000 square feet
-
Z
Z
Z
General retail sales of 25,001 to 100,001 square feet
-
-
Z
-
Motor vehicle sales or rental
-
-
-
-
Motor vehicle service or repair
-
-
-
-
Office of less than 10,000 square feet
-
Z
Z
Z
Office of 10,000 square feet or more
-
Z
Z
Z
Parking lot or parking structure
-
Z
Z
Z
Pawnshop
-
-
-
-
Personal services use of less than 4,000 square feet
-
Z
Z
Z
Personal services use of 4,000 or more square feet
-
Z
Z
Z
Recreation, indoor
-
Z
Z
Z
Recreation, outdoor
-
Z
-
-
Restaurant with a drive-though
-
-
-
-
Restaurant without a drive-through
-
Z
Z
Z
Tattoo parlor or body piercing establishment
-
-
-
-
Industrial
Heavy industrial uses
-
-
-
-
Light industrial uses
-
-
-
-
Outdoor or open-air use
-
-
-
-
Self storage
-
-
-
-
Waste-related uses
-
-
-
-
Wholesale sales
-
-
-
-
ACCESSORY USES
Accessory dwelling unit
Z
Z
-
-
Day care, in-home
-
-
-
-
Drive-through, except at a restaurant
-
Z
Z
Z
Home occupation
Z
-
-
Z
Outdoor dining
-
Z
Z
Z
Outdoor display or sales
-
Z
Z
Z
Outdoor storage
-
-
-
-
Upper-story residential unit
-
-
Z
Z
 
      (14)   Prohibited uses. Uses in Table 156.124(E)(13), Allowable Uses in the CA-O District, that do not include a “Z” in the cell are prohibited in the corresponding sub-district. In no instance shall a special use permit by used to authorize a use type that is prohibited in a sub-district.
      (15)   Dimensional requirements.
         (a)   Principal uses.Table 156.124(E)(15) , Dimensional Requirements in the CA-O District, establishes the dimensional standards applicable in each sub-district of the CA-O regardless of the base zoning district designation.
         (b)   Accessory uses. Accessory uses shall be incidental in size and impact to the principal use they serve. In no instance shall an accessory structure have a floor area exceeding 50% of the principal structure it serves, nor shall it have a height exceeding the principal use it serves. Accessory structures (except fences, walls, or facilities associated with outdoor dining) shall not be located between the front of the principal use and the front lot line.
Table 156.124(E)(15)  DIMENSIONAL REQUIREMENTS IN THE CA-O DISTRICT
Requirement
Sub-district A
Sub-district B
Sub-district C
Sub-district D
Requirement
Sub-district A
Sub-district B
Sub-district C
Sub-district D
Minimum lot area (square feet)
10,000 [1]
n/a
20,000
n/a
Minimum lot width (linear feet) [2]
36 [3]
24
36
24
Maximum lot coverage (%) [4]
70
75
80
100
Minimum lot frontage occupied by building wall (%) [5]
n/a
60
n/a
80
Minimum street setback (feet)
20
3
20
n/a
Maximum street setback (feet)
n/a
20 [6]
n/a
8 [7]
Minimum side setback (feet) [8]
Minimum of 5 each side; 15 total
15
0
Minimum rear setback (feet) [9]
20
10
20
0; 10 from residential
Minimum building setback from perimeter lot lines of multi-buildi ng developments (linear feet)
20
5
Maximum residential density (units/acre)
6
8
12
16
Minimum residential density (units/acre)
n/a
n/a
4
Minimum building height (feet/storie s)
n/a
16/2
Maximum building height (feet/storie s) [10]
35/3
72/6 [11]
48/4
Minimum spacing between buildings on same lot (linear feet)
10
8
5
0
Minimum open space (% of lot or site)
15
20
25
10
NOTES:
[1] Minimum development size for single-family attached residential; no lot area requirement for individual lots used for single-family attached residential units.
[2] Minimum lot width is measured at the edge of the right-of-way except on cul-de-sac lots, where it is measured at the rear edge of the front setback line.
[3] Minimum lot width for single-family attached residential is 20 feet.
[4] Maximum lot coverage for single-family attached residential is 95 percent.
[5] Measured at front setback unless public gathering area is provided in front of building.
[6] Can be increased to accommodate 1 bay of parking and vehicular access in cases where building is two or more stories in height.
[7] Can be increased to 20 feet if area between building and street is used for sidewalk.
[8] Side setbacks between individual single-family attached residential units is zero. Individual buildings housing single-family attached residential units shall be at least 15 feet apart.
[9] Rear setbacks for individual single-family attached residential units shall be 5 feet. Individual buildings housing single-family attached residential units shall be at least 15 feet apart.
[10] In no instance shall single-family attached residential units exceed three stories or 35 feet, regardless of the sub-district where located.
[11] Maximum building height shall be reduced by one foot for each additional foot of distance beyond 100 feet from the Highway 74 right-of-way edge. In no instance shall maximum building height be reduced below 15 feet regardless of distance from the Highway 74 right-of-way edge.
 
      (16)   Development standards.
         (a)   Off-street parking requirements.
            1.   Amount. All new development and redevelopment in the CA-O District shall ensure adequate off-street parking is provided in accordance with the standards in Table 156.124(E)(16)(a), Minimum Parking Requirements in the CA-O District.
            2.   Uses not listed. For uses that do not correspond to those listed in the Table § 156.124(E)(16)(a), the Planning Director shall determine the minimum off-street parking requirements based on all information necessary to determine the uses’ parking needs to be provided by the applicant.
Table 156.124(E)(16)(a) MINIMUM PARKING REQUIREMENTS IN THE CA-O DISTRICT
Use Type
Min. Number of Off-Street Parking Spaces (#)
Use Type
Min. Number of Off-Street Parking Spaces (#)
Use Type
Min. Number of Off-Street Parking Spaces (#)
Use Type
Min. Number of Off-Street Parking Spaces (#)
Residential
Institutional
Assisted living facility
0.3/room
Churches and other religious institutions
1/50 sf of seating area
Duplex residence
2/unit
Healthcare and counseling
1/200 sf
Family care home (6 persons or less)
1/bedroom
Libraries, museums, and similar uses
1/500 sf
Group home
1/employee
Public safety facility
1/employee on peak shift
Live/work dwelling
2/unit
Schools
1.5/classroom
Multi-family residence
1.5/unit
Telecommunications facility, minor
None
Single-family attached residence
2
Utility facility
0.5/employee on peak shift
Single-family detached residence
2
 
Commercial
Accessory Uses
Animal care
1/400 sf
Accessory dwelling unit
1
Bank or financial institution, excluding payday leading and check cashing
1/300 sf
Day care, in-home
1 + principal use
Bar or nightclub
1/100 sf
Drive-through, except at a restaurant
None
Bed and breakfast
1/bedroo m
Home occupation
2 + principal use
Hotel or motel
1/guest room
Outdoor dining
1/200 sf of outdoor area
Gasoline sales
1/400 sf
Outdoor display or sales
1/500 sf of outdoor area
General retail sales of 3,000 square feet or less
1/500 sf
 
 
General retail sales of 3,001 to 25,000 square feet
1/600 sf
 
 
General retail sales of 25,001 to 100,001 square feet
1/800 sf
 
 
Office of less than 10,000 square feet
1/800 sf
 
 
Office of 10,000 square feet or more
1/500 sf
 
 
Parking lot or parking structure
None
 
 
Commercial (cont’d)
 
 
Personal services use of less than 4,000 square feet
1/500 sf
 
 
Personal services use of 4,000 or more square feet
1/600 sf
 
 
Recreation, indoor
1/400 sf
 
 
Recreation, outdoor
1/1,000 sf of outdoor area
 
 
Restaurant without a drive- through
1/200 sf
 
 
 
            3.   Credit for on-street parking spaces. Nonresidential and mixed-use development may use on-street spaces to meet the minimum off-street parking requirements provided the on-street spaces are: within 50 linear feet of the entrance, and the on-street spaces are not reserved for loading or handicapped parking.
            4.   Parking configuration. Off-street parking areas shall be configured in accordance with § 156.188, Vehicle Accommodation Area Surfaces of the Unified Development Ordinance.
            5.   Shared parking. Sharing of required off-street parking spaces is permitted in accordance with § 156.190 of the Unified Development Ordinance, provided all parties seeking to share parking spaces have executed and recorded a shared parking agreement that specifies the rights and responsibilities of all parties involved.
            6.   Off-site parking. Off-site parking may be permitted with 1,000 linear feet of the use to be served, provided there is improved pedestrian access between the parking area and the use to be served, and provided the off-site parking area is located on a lot in sub-districts B, C, or D.
            7.   Bicycle parking. Mixed-use, multi-family, and nonresidential uses shall provide
on-site bicycle parking facilities at a rate of one bicycle parking space for every 30 dwelling units or 5,000 square feet of nonresidential floor area.
            8.   Parking location. Except for single-family detached dwellings, which are not subject to parking location requirements, buildings of two or more stories may have up to one bay of parking spaces and the associated access aisle between the building front and the street it faces. Off-street parking spaces shall not be located between a single-story building facade and the street it faces.
            9.   Cross access. Off-street parking lots of 24 or more parking spaces shall be configured, to the maximum extent practicable, to connect to adjacent off-street parking lots in a manner that allows vehicles to move from one lot to an adjacent lot without use of a public street. Cross accessways shall maintain a minimum width of 12 feet for one-way drives and 24 feet for two-way drives.
         (b)   Landscaping requirements.
            1.   Required types. Except for single-family detached and duplex dwellings, all new development and redevelopment in the CA-O District shall provide parking lot screening, perimeter buffers, and street trees in accordance with these standards.
            2.   Parking lot screening. Where surface off-street parking lots abut public streets, the parking lot shall be screened by a row of evergreen shrubs, a fence or wall of 36 inches in height, or a combination of these features. The area devoted to screening shall be at least five feet in width, and shall be located to minimize the appearance of parked automobiles from the adjacent street right-of-way.
            3.   Perimeter buffers. Perimeter buffers of at least 15 feet in width comprised of two canopy trees, three understory trees, and 20 evergreen shrubs shall be provided by mixed-use, multi-family, single-family attached, and nonresidential development every 100 feet along lot lines shared with a lot containing a single-family detached dwelling.
            4.   Street trees. Street trees shall be provided every 40 feet on-center along both sides of jail streets (except alleys) and shall be located between the sidewalk and the street edge. In cases where no sidewalk is present, street trees shall be located within five feet of the edge of pavement. In cases where the sidewalk extends to the curb, street trees shall be placed in tree pits of at least 25 square feet each. Street trees shall be deciduous canopy trees, except when underneath overhead utilities, when deciduous understory trees at the same on-center spacing shall be used.
            5.   Landscaping configuration. Required landscaping (including fences and walls) shall be configured in accordance with § 156.215, Design and Maintenance Standards and Sizes of the Unified Development Ordinance.
         (c)   Open space requirements.
            1.   Where required. Except for single-family detached and duplex dwellings, all new development in the CA-O (including residential subdivisions of four or more lots) shall provide private common open space in accordance with these standards.
            2.   Amount. New nonresidential and mixed-use development shall provide private common open space at a rate comparable to at least 10% of the gross floor area of the development. New residential subdivisions of four or more lots shall provide centrally-located private common open space at a rate of 435 square feet per dwelling unit.
            3.   Configur ation. Private common open space is land area that is devoted to recreation or gathering. It shall include land area or facilities capable of supporting recreation, public gathering, outdoor dining, and similar activities. Trails, plazas, and sidewalk areas that exceed minimum sidewalk width requirements shall be credited towards open space requirements. In the case of residential subdivisions, the private common open space shall be owned and managed by a homeowner’s association and shall be improved with walking paths or recreation amenities.
         (d)   Exterior lighting. All new development incorporating exterior lighting located outside of the public right-of-way shall comply with the following standards.
            1.   Lighting plan. New development shall provide a lighting plan that identifies the type, location, height, and intensity (in watts, lumens, nits, or other comparable standard) of proposed exterior lighting in order to demonstrate how proposed development will comply with these standards.
            2.   Light trespass. Exterior lighting shall be designed and located such that the maximum illumination at the lot line from new development shall not exceed the maximum illumination value in Table 156.124(E)(16)(d), Maximum Illumination in the CA-O District.
Table 156.124(E)(16)(d)  MAXIMUM ILLUMINATION IN THE CA-O DISTRICT
 
Abutting Use Type
???
Single-family residential use, or vacant land in sub-district A
1.0
Institutional use
1.5
Commercial, mixed-use, or vacant land in sub-districts B, C, D
2.0
Parking lot
2.5
NOTES: [1] Measured at ground level.
 
            3.   Parking lot illumination. Surface parking lots and parking structures shall be configured to provide a minimum illumination level of at least 0.5 foot candles throughout the parking and access areas.
            4.   Shieldin g. Exterior lighting fixtures shall be configured such that the bulb or source of illumination is not visible from grade level of adjacent lots or street rights-of-way.
            5.   Maximum fixture height. Except for outdoor recreation uses (like tennis courts) the maximum height of exterior lighting, whether mounted on polls, walls, or by other means, shall not exceed 24 feet above grade.
            6.   Private streets. Private streets shall be treated as public streets with respect to all street lighting provisions.
         (e)   Screening. Dumpsters, refuse collection and recycling facilities, service and loading areas, and ground-based mechanical equipment shall be located and screened in accordance with § 156.219, Other Screening Types and Standards of the Unified Development Ordinance.
         (f)   Signage.
            1.   Sign permit required. All signage shall obtain a sign permit in accordance with § 156.133(J) and (K) of the Unified Development Ordinance.
            2.   Prohibited signs. Any form of signage identified in § 156.133(C), Prohibited Signs of the Unified Development Ordinance, shall be prohibited in the CA-O District.
            3.   Standard s. Signage in the CA-O District shall be configured in accordance with Table 156.124(E)(16)(f), Signage Standards in the CA-O District. Each lot may include one or sign types from each of the four categories.
Table 156.124(E)(16)(f)  SIGNAGE STANDARDS IN THE CA-O DISTRICT
Standard
Sub-district A
Sub-district B
Sub-district C
Sub-district D
Notes
Standard
Sub-district A
Sub-district B
Sub-district C
Sub-district D
Notes
Building Mounted Signage
Maximum sign face area per lot (square feet)
6/facade facing a street
64/facade facing a street
120/facade facing a street
32/facade facing a street
No single sign may occupy more than 50% of the maximum sign face area allowed for an individual building
Maximum height above grade (feet)
5
24
Below eave or parapet
Any portion of a sign projecting more than 6 inches from building wall must be at least 10 feet above grade
Total number of building mounted signs per lot (#)
1
1 per tenant plus 1
Nothing prohibits more than one sign per tenant as long as the maximum number and face area are not exceeded
Internal illumination allowed
No
Yes
Yes
No (external illumination permitted)
Illumination shall not exceed 7,500 nits during daylight and 500 nits from dusk to dawn
Changeable copy allowed
No
No
Yes
Yes
Message must remain static for at least 5 seconds with an interval of 2 seconds or less
Window Signage
Maximum sign face area per lot
n/a
25% of individual window
25% of facade area of first two floors
Prohibited on single-family and multi-family buildings
Maximum height above grade (feet)
n/a
24
24
30
Ground Mounted Signage
Maximum sign face area per lot (square feet)
6
0.5/each linear foot of lot frontage containing the sign
32
No single sign may occupy more than 50% of the maximum sign face area allowed for an individual building
Maximum height above grade (feet)
4
8
10
6
Signs on lots abutting Highway 74 may have a maximum height of 20 feet
Total number of ground-mounted signs per lot (#)
1
1 per entrance; 1 per frontage; max. of 2
Prohibited on lots with single-family and multi-family dwellings
Minimum setback from lot lines (feet)
5
5
5; 15 from Highway 74 ROW
3
Setbacks may be increased as needed to maintain clear sight lines along streets
Minimum spacing from other ground mounted signage (feet)
50
60
100
75
Applies to ground signs on the same or different lots
Internal illumination allowed
No
Yes
Yes
Yes
Illumination shall not exceed 7,500 nits during daylight and 500 nits from dusk to dawn
Changeable copy allowed
Yes
Yes
Yes
Yes
Message must remain static for at least 5 seconds with an interval of 2 seconds or less
Monument base standards
The monument base shall be at least 80% of the entire width or length of the sign, be at least 16 inches above g constructed of brick, stone or stucco
Temporary Signage
Temporary signage shall be in accordance with § 156.133
NOTES:
[1]  Election signs must be removed no more than 7 days after the election. For sale/rent signs must be removed immediately upon sale or rental. Garage/yard sale signs must be removed within 24 hours of the termination of the sale. Opening signs may be ??? up to ?? days before the opening and must be removed within 30 days after the opening. Special event signs may remain in place for up to 15 days.
 
            4.   Flags. Flags and flag poles shall be permitted in accordance with § 156.133(S)(1)(g) through (i) of the Unified Development Ordinance.
            5.   Nonconforming signs. Existing signs that do not conform to the standards in this section shall be subject to § 156.133(D) Nonconforming Signs of the Unified Development Ordinance.
      (17)   Architectural standards.
         (a)   Nonresidential and mixed-use development. Nonresidential and mixed-use development shall comply with § 156.132, Commercial Development Design Standards of the Unified Development Ordinance.
         (b)   Multi-family development.
            1.   Building orientation. Buildings around the perimeter of a development shall be oriented to the street they front, not towards internal features like parking areas.
            2.   Building placement. Buildings in a multi-family development shall be located at least ten feet from other buildings and parking areas in the development.
            3.   Building length. Unless located parallel to and within 20 feet of a street right-of-way, the maximum building length shall not exceed 100 linear feet.
            4.   Facade articulation. Street-facing building facades shall include wall offsets (recesses or projections) of at least two feet located every 30 feet along the facade wall.
            5.   Visual interest. Each building facade facing a street shall include at least three of the following nine features:
               a.   A central covered porch;
               b.    Dormer windows or a cupola(s);
               c.    Pillars, posts, or pilasters;
               d.   Bay windows along the facade with a 12-inch projection;
               e.    Window trim with a minimum width of four inches;
               f.    Raised, corniced parapets over the doors;
               g.    Eaves of four feet in depth;
               h.    Integral planters that incorporating plantings or seating; or
               i.   Up to one unlisted feature approved by the Planning Director.
            6.   Roof form. Development shall include a pitched roof of at least 4:12 or a flat roof with a corniced parapet.
            7.   Roof-mounted equipment. All roof-mounted vents, pipes, antennas, roof penetrations, of mechanical equipment shall be fully screened by a parapet wall, located oh the rear elevation, or otherwise camouflaged to minimize the visual impact from the street, to the maximum extent practicable.
            8.   Garage placement. Garage doors or entrances, whether for multiple or individual units, shall be located to the rear of the structure they serve.
            9.   Pedestrian connection. All buildings and recreational facilities within a multi-family development shall be connected via a paved, all-weather pedestrian access of at least four feet in width.
      (18)   Infrastructure.
         (a)   Streets. All streets in the development shall be configured in accordance with Figure 156.124(E)(18), CA-O District Rights-of-Way, and the following.
            1.   Dedication required. New development or redevelopment in the CA-O District (including site plans and subdivisions) shall dedicate the right-of-way as identified in Figure 156.124(E)(18) , CA-O Districts Rights-of-Way, and all applicable city policy documents. Exact street locations may deviate from those shown in Figure 156.124(E)(18) as determined by the City Engineering Department.
            2.   Construc tion. New development in the CA-O District shall construct the street improvements identified in the Concord Avenue Master Plan and Figure 156.124(E)(18) , CA-O District Rights-of-Way, that border or transect lots included in the development.
            3.   Curb and gutter. All streets in the CA-O District shall be served by curb and gutter configured in accordance with city standards.
            4.   Access. In cases where two or more lots are consolidated as part of development or redevelopment, exiting street access shall be consolidated to the maximum extent practicable. In no instance shall an individual parcel be served by more than three accessways.
            5.   Speed control devices. Speed bumps, speed humps, speed tables, and similar devices are prohibited on public streets in the CA-O District.
         (b)   Sidewalks. Sidewalks shall be provided on both sides of all streets (except alleys) and shall be configured in accordance with city standards. Lots fronting Kerr Street shall provide sidewalks with a minimum width of ten feet that are configured to include a four-foot-wide clear zone adjacent to building walls to facilitate pedestrian movement along the street.
         (c)   Bike lanes. Shared bicycle lanes shall be provided as part of any required roadway improvements along Concord Avenue and Skyway Drive.
         (d)   Utilities. All new utilities shall be placed underground.
Figure 156.124(E)(18), CA-0 DISTRICT RIGHTS-OF-WAY
      (19)   Payments in-lieu.
         (a)   In-lieu payments for construction of streets, sidewalks, bike lanes, or the provision of open space may be requested by an applicant as part of the initial development application, and shall be decided by the City Council following a recommendation by the Planning Director and approval by the City Engineering Department.
         (b)   Payment of in-lieu fees shall be based on an estimated cost of completing the installation, based on current contract unit prices, as approved by the Planning Director.
         (c)   Fees collected by the city in accordance with this section shall be deposited in the appropriate fund and used solely for the construction of the appropriate feature(s) either on or abutting the site associated with the in-lieu payment. In the case of open space resources, open space facilities may be located anywhere within the CA-O District boundary.
         (d)   In-lieu payments for features other than streets, sidewalks, bike lanes, or open space within the CA-O District are prohibited.
      (20)   Nonconformities.
         (a)   Generally. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the landowner.
         (b)   Continuation. Nonconformities are allowed to continue in accordance with this section, and are allowed to receive minor repairs and routine maintenance necessary to protect the health and safety of the public. No change in title or possession of a nonconformity shall prevent the continuation of the nonconformity.
         (c)   Abandonment. If a nonconforming use or structure ceases operation for a continuous period of 90 days, and subsequent use or structure shall conform to the CA-O District requirements.
         (d)   Casualty damage. Except for single-family detached dwellings, and nonconforming use or structure that is damaged in excess of 35 percent of the use or structure’s value (according to tax appraiser records) shall only be reestablished in accordance with the applicable CA-O District requirements. Single-family detached dwellings may be reconstructed regardless of the extent of the damage, but shall be repaired or reconstructed in accordance with the CA-O District standards to the maximum extent practicable, as determined by the Planning Director.
         (e)   Expansion. Expansion or enlargement of a nonconforming use or structure is prohibited.
         (f)   Nonconforming lots. When two or more nonconforming lots are under common ownership and consolidation will aid in compliance with the dimensional requirements in Table 156.124(E)(15), then the lots shall be combined prior to approval of any development application.
         (g)   Nonconforming signs. Maintenance or change of copy on a nonconforming sign is allowed, provided the replacement copy is the same or less nonconforming, but removal or replacement of nonconforming signage with new signage that does not meet the standards in the CA-O District is prohibited. Signs advertising a use or structure that has ceased operation for 90 continuous days or longer shall be considered nonconforming signs.
      (21)   Definitions. The following definitions are applied in the CA-O District. In cases where these definitions conflict with other definitions in the Unified Development Ordinance:
         ABANDONMENT.  Cessation or termination of a nonconforming use, structure, or other nonconformity.
         ABUTTING.  The condition of two parcels of land having a common property line or boundary, including cases where two or more parcels of land adjoin at a corner, but not including cases where parcels of land are separated by a street or alley.
         ACCESS.  The right or ability of pedestrians and vehicles to enter and leave a lot or development.
         ACCESSORY DWELLING UNIT.  A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.
         ACCESSORY USE.  A use that is incidental, appropriate, and subordinate to the principal use of land or buildings and located on the same lot.
         ADULT USE.  A commercial establishment involved in the provision of services, entertainment, or sales of goods at retail intended solely for consumption by persons over the age of 18. ADULT USES include adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or any combination of the foregoing.
         ALLEY.  A roadway set aside primarily for vehicular service access to the back or side of lands otherwise abutting a street or open space.
         ANIMAL CARE. A facility for the provision of medical services and treatment to animals, including veterinary services, animal hospitals, and the boarding of animals related to the provision of these services. Examples include animal shelters, kennels, grooming facilities, animal hospitals, veterinary offices, and veterinary clinics. 
         ARTICULATION.  The presence or projections, recesses, or other architectural features along a building facade.
         ASSISTED LIVING FACILITY.  A residential facility with support and supervisory personnel for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services such as recreational and social activities, financial services, transportation, laundry, and other services appropriate for the residents and designed to provide a relatively independent lifestyle. Examples include congregate care and rest homes.
         BANK OR FINANCIAL INSTITUTION.  A bank is a financial institution (either commercial or investment) licensed to receive deposits and make loans. Banks may also provide financial services, such as wealth management, currency exchange and safe deposit boxes. Banks do not include payday lending or check cashing establishments.
         BAR OR NIGHTCLUB.  An establishment primarily devoted to the sale of alcoholic beverages for on-site consumption, where the sale of food is incidental. Activities may include dancing or other forms of entertainment (including live performances that are not considered adult entertainment uses) such as billiard tables, darts, and karaoke.
         BASE ZONING DISTRICT.  A zoning district designation applied to an individual lot.
         BAY (of parking spaces).  A row of off-street parking spaces served by a common accessway or aisle.
         BED AND BREAKFAST.  A private residence, typically a single-family detached structure engaged in the renting of one or more rooms on a daily basis to tourists, vacationers, or business people where the provision of meals is limited to guests only.
         BICYCLE LANE.  A travel way, paved or otherwise, devoted to use by bicycles.
         BICYCLE PARKING FACILITIES.  Off-street parking are devoted to use by bicycles.
         BUILDING.  A structure having a roof supported by walls or columns constructed or used for residence, business, industry, or other public or private purposes.
         CANOPY TREE.  A species of tree which normally grows to a mature height of 40 feet or more with a minimum mature crown width of 30 feet.
         CASUALTY DAMAGE.  The damage to or loss of a nonconforming structure or use that is sudden, unexpected, and unusual. Typically associated with fire, severe weather, or act of God.
         CHANGEABLE COPY.  A sign which displays messages in which the copy may be arranged or rearranged by hand.
         CHURCHES AND OTHER RELIGIOUS INSTITUTIONS.  A place in which worship, ceremonies, rituals, and education are held, together with accessory uses (including locations used for education and recreation activities), operated and maintained under the direction of the religious group. Examples include churches, mosques, synagogues, and temples. Accessory uses may include parking, caretaker’s housing, pastor’s housing, day care, and group living facilities for persons associated with the religious organization, such as convents.
         CLASSROOM.  A location where educational services are provided, typically associated with a school or educational institution.
         CLEAR ZONE.  The portion of a sidewalk left unencumbered by street furniture, landscaping, sidewalk sales, or sidewalk dining facilities. This portion of the sidewalk is usually the portion closest to the adjacent building entrances.
         CONTRACT UNIT PRICE.  Construction contract in which the client or owner pays a fixed sum for each completed unit of work.
         CROSS ACCESS.  Vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.
         CUPOLA.  A domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.
         CURB.  A constructed element used to stabilize paving, gutter, planting areas, or sidewalks.
         DAY CARE, IN-HOME.  A facility that provides for the care of more than five preschool age, or a combination of preschool and school age children under 13 years of age totaling nine or more, or nine or more adults, who do not reside in the facility, at least once per week for at least four hours, but less than 24 hours per day.
         DEDICATION.  The act of giving, donating, or dedicating land or infrastructure improvements to a unit of government for their operation and maintenance.
         DEVELOPMENT.  Any manmade change to improved or unimproved real estate, including but not limited to: buildings or other structures; mining; dredging; filling; grading; paving; excavation; drilling operations; or storage of equipment or materials.
         DRIVE THROUGH.  A facility designed to enable a person to transact business while remaining in a motor vehicle.
         DUPLEX RESIDENCE.  A single structure comprised of two dwelling units that share common vertical walls or horizontal floors/ceilings. Both dwelling units are on the same lot.
         DWELLING UNIT.  One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided therein.
         EAVE.  The projecting lower edges of a roof that overhangs the wall of a building.
         EVERGREEN SHRUB.  A woody plant with one or more stems that does not lose the majority of its leaves during winter or dormancy.
         EXPANSION.  An increase in the floor area of an existing structure or building, or the increase of area of a use.
         FACADE.  The entire exterior wall of a building facing a lot line measured from the grade to the eave or highest point of a flat or mansard roof. FACADES may be on the front, side, or rear elevation of the building.
         FAMILY CARE HOME.  A home for six or fewer persons that provides room and board, personal care, and habilitation services in a family environment for the residents, who have a temporary or permanent physical, emotional, or mental disability (including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. § 122C-3(11)(b).
         FENCE.  A physical barrier or enclosure consisting of wood, stone, brick, block, wire, metal, or similar material used as a boundary or means of protection or confinement, but not including a hedge or vegetation.
         FLAG.  A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol, emblem, or decoration.
         FOOTCANDLE.  A unit of measure of the intensity of light falling on a surface. It is often defined as the amount of illumination the inside surface of a one-foot-radius sphere would be receiving if there were a uniform point source of one candela in the exact center of the sphere. One FOOTCANDLE is equal to one lumen per square foot.
         FRONT (of the principal use).  The side or elevation of a structure that contains the structure’s architectural front, or the portion of the structure facing the street from which the structure derives its street address.
         FRONT LOT LINE.  The edge of a lot that borders the street or right-of-way that fronts the lot.
         GASOLINE SALES.  A retail establishment selling primarily gasoline or similar vehicular fuel. Such uses may also offer food products, household items, newspapers and magazines, candy and beverages, and a limited amount of freshly prepared foods for on- or off-site consumption.
         GENERAL RETAIL SALES OF 25,001 TO 100,001 SQUARE FEET.  An establishment that sells goods directly to the consumer, where such goods are available for immediate purchase and removal by the purchaser. Examples include stores selling, leasing, or renting consumer, home, and business goods, whether new or used, including art and art supply stores, audio/video stores, bicycle sales, book stores, clothing stores, convenience stores, department stores, dry good sales, electronic equipment stores, fabric shops, furniture stores, florist shops, garden supply centers, gift shops, grocery stores, hardware stores, stores that sell household products, jewelry stores, office supply stores, pet and pet supply stores, and pharmacies.
         GROSS FLOOR AREA.  The total floor area inside the building envelope, including the external walls, and excluding the roof.
         GROUND-BASED MECHANICAL EQUIPMENT.  Utility or other equipment of a mechanical nature that is mounted on or below grade on the site it serves.
         GROUP HOME.  A home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill.
         HEALTHCARE AND COUNSELING.  A facility principally engaged in providing services for health maintenance and treatment of mental or physical conditions.
         HEAVY INDUSTRIAL USES.  Uses engaged in manufacturing, processing, extraction, or modification of raw materials.
         HEIGHT.  A unit of measurement used to identify the distance between the recognized top and bottom of a building, structure, plant, sign, fixture, area of deposition, or other aspect of development.
         HOME OCCUPATION.  Any activity carried out for gain by a resident their principal residence.
         HOMEOWNERS’ ASSOCIATION.  An official organization of home and/or property owners in a subdivision, neighborhood, or community unit responsible for managing common resources and enforcing covenants.
         HOTEL or MOTEL.  A building or group of buildings in which sleeping accommodations are offered to the public and intended for temporary occupancy on an overnight or short term basis. Accessory uses may include restaurants, bars, offices, and onsite recreational facilities. Some rooms may include in-room kitchen, dining, and laundry facilities
         IMPROVED PEDESTRIAN ACCESS.  Sidewalk, pedestrian pathways, greenways, trails, walkways, or similar accessway that is separated from vehicular accessways and is comprised of an all-weather surface.
         IN-LIEU FEE.  Monetary compensation offered by a landowner or applicant as an alternative to provision of some other required site or development feature.
         INTERNAL ILLUMINATION.  The presence or inclusion of light or a source of illumination within a site feature such as a sign, canopy, awning, or architectural element.
         LANDSCAPING.  The improvement of a lot, parcel or tract of land with grass, shrubs, trees, and or ground cover. LANDSCAPING may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary, and objects designed and arranged to produce an aesthetically pleasing effect.
         LIBRARIES, MUSEUMS, AND SIMILAR USES.  A use that provides education, training, or resources of a public, nonprofit, or charitable nature. Examples include community centers, libraries, art galleries, and museums. Accessory uses may include offices, meeting rooms, food preparation, parking, health, and therapy areas.
         LIGHT INDUSTRIAL USES.  A commercial establishment engaged in manufacturing activity that uses moderate amounts of partially processed materials to produce items of relatively high value per unit weight.
         LIGHT TRESPASS.  Unwanted light that shines from one lot to another.
         LIVE/WORK DWELLING.  A structure or portion of a structure combining a dwelling unit with an integrated nonresidential work space typically used by one or more of the residents. The nonresidential work space is typically found on the building’s ground floor.
         LOADING AREA.  Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-street surface parking.
         MAXIMUM EXTENT PRACTICABLE.  No feasible or practical alternative exists, as determined by the city, and all possible efforts to comply with the standards or regulation to minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining MAXIMUM EXTENT PRACTICABLE.
         MINOR ADDITION.  The addition of habitable and/or uninhabitable space in an amount equal to or less than one half of the existing gross building square footage.
         MINOR REMODELING.  Interior and or exterior improvements to an existing building or structure with a value of less than half of the use or structure’s tax value at the time of remodeling.
         MIXED-USE DEVELOPMENT.  A tract of land or structure developed for two or more
different uses, such as, but not limited to, residential, office, retail, institutional, public, or entertainment. Such uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access.
         MOBILE HOME.  A dwelling constructed after June 15, 1976 that is substantially assembled in a manufacturing plant and designed to be transported on its own chassis. It bears a valid seal indicating conformance with the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of its construction.
         MOTOR VEHICLE SALES OR RENTAL.  A commercial establishment engaged in the sale or rental of automobiles, light trucks, or other motorized vehicles intended primarily for personal transport.
         MOTOR VEHICLE SERVICE OR REPAIR.  A commercial establishment engaged in the service or repair of automobiles, light trucks, or other motorized vehicles intended primarily for personal transport.
         MULTI-FAMILY RESIDENCE.  A dwelling comprised of more than four dwelling units that share common vertical walls or horizontal floors/ceilings (or both) that are not on individual lots. Examples include apartments and condominiums.
         NIT.  A measurement of a sign’s luminance measured in the number of candela per square meter (cd/m2).
         NONCONFORMITY.  Any land use, development, structure, or site, including any lot of record, that was legally established, but that is not presently in full compliance with the provisions of this ordinance.
         OFFICE.  A use where the affairs of a business professional, or financial service establishment is conducted.
         OFF-SITE PARKING.  An off-street parking area provided on a different lot than the use it is intended to serve.
         OFF-STREET PARKING.  An area that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.
         ON-CENTER PLANTING.  Placement of landscape material in a regularly-spaced pattern of equal distance between plants.
         ON-STREET PARKING SPACES.  An area that is designated for the parking of one motor vehicle located within a public or private street right-of-way.
         OPEN SPACE.  Space suitable for passive recreation, gardens, or landscaping which may include areas left in their natural state, trails, ponds, stream banks, recreation areas, areas of excessive slopes, low-lying areas, marshland, environmentally-sensitive areas, required landscaping areas and some governmental facilities
         OUTDOOR DISPLAY OR SALES.  The keeping of any goods, merchandise, or vehicles, in an unroofed area for marketing purposes, for a period of time not exceeding 24 hours.
         OUTDOOR STORAGE.  The keeping of any goods, junk, material or merchandise in an unroofed area, in the same place for a period of time exceeding 24 hours, but excluding temporary construction and related activities.
         PARAPET.  A building facade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.
         PARKING LOT OR STRUCTURE.  A parking lot or structure on a site or portion of a site dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas. This definition includes parking garages and deck parking.
         PAWNSHOP.  An establishment engaged in loaning money upon deposit of personal property. Such uses also store personal property on site and sell retail goods.
         PEAK SHIFT.  The shift with the largest number of employees.
         PEDESTRIAN CONNECTION.  Interconnected paved walkway that provides a pedestrian passage through blocks running from street to street, vehicular use areas, or other locations.
         PERIMETER BUFFER.  An area of natural or planted vegetation adjoining or surrounding a use and unoccupied in its entirety by any building, structure, paving or portion of such use, for the purposes of screening and softening the effects of the use, no part of which buffer is used for recreation or parking.
         PERSONAL SERVICES.  An establishment meeting frequent or recurrent service needs of a personal nature, including the repair of small personal items such as shoes, watches, jewelry, and clothing. Examples include laundromats, massage therapy and day spas, laundry and dry-cleaning pick-up and drop-off establishments, banks, savings and loans, credit unions, photography studios, funeral homes and crematoriums, mailing or packaging services, photocopy services, screen printer, barber/beauty shops, and tanning and nail salons.
         PITCHED ROOF.  A roof that is configured at an angle to the ground.
         PRINCIPAL STRUCTURE.  A structure in which is conducted the principal use(s) of the lot on which it is located.
         PRINCIPAL USE.  A primary or predominate use of a lot or parcel.
         PRIVATE COMMON OPEN SPACE.  Passive or active recreation area that is set aside for use by the residents of a development.
         PUBLIC SAFETY FACILITY.  A facility that provides public safety services to the general public. Examples include fire stations, police stations, EMS stations, and governmental training facilities such as an outdoor shooting range or fire training facility. Accessory uses may include offices, teaching rooms, meeting areas, food preparation and consumption areas, sleeping quarters, communications equipment, storage, parking, and maintenance facilities.
         RECREATION AMENITIES.  Recreational features (whether or active or passive) provided as part of a development for residents of the public and/or members of the general public.
         RECREATION, INDOOR.  A commercial establishment engaged in the provision of recreation or leisure-related services, products, or activities within a building.
         RECREATION, OUTDOOR.  A commercial establishment engaged in the provision of recreation or leisure-related services, products, or activities primarily outside a building.
         RECYCLING FACILITY.  A facility used for collection and processing of recyclable materials. Processing means the preparation of materials for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, and cleaning.
         REDEVELOPMENT.  Actions undertaken by a landowner, developer, applicant, or a local government intended to re-make, re-purpose, or reuse an existing building, lot, or development site with a new use or activity.
         REFUSE COLLECTION FACILITY.  A use devoted to the collection, storage, processing, and transfer of solid or liquid waste products.
         RESTAURANT.  An establishment that prepares and sells food and beverages for immediate or direct on- or off-premises consumption.
         ROOF-MOUNTED EQUIPMENT.  Equipment, appurtenances, utilities, infrastructure, or similar objects mounted on or near the roof of a building.
         ROUTINE MAINTENANCE.  Small-scale, ongoing activities (usually requiring only minimal skills or training) associated with regular (daily, weekly, monthly, etc.) and general upkeep of a building, equipment, machine, plant, or system to mitigate the negative impacts of normal wear and tear.
         SCHOOLS.  An educational institution that provides elementary or secondary education. Accessory uses may include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.
         SCREENING.  Fences, walls, vegetation, building features, or other constructed devices intended to shield a site feature from view.
         SELF STORAGE.  A storage building or buildings that are divided into sections or compartments for the storage of business or personal items on a temporary or long-term basis only where all units have individual exterior access where all units have common internal access, (this is the external access one).
         SERVICE AREA.  The portion of a building or development site devoted to operations, upkeep, maintenance, or typical function, but not including the range of activities that comprise the primary or principal use of the site.   
         SHARED PARKING. The joint use of off-street parking facilities by two or more uses whether located on the same or different lot as the parking facilities.
         SHIELDING.  The portion of a light fixture constructed and installed in such a manner that all light emitted by it, either directly from the lamp (bulb) or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane of the fixture.
         SIDEWALK.  A paved area public right-of-way running parallel to the street for the purposes of pedestrian travel and to facilitate pedestrian access to adjacent streets and land.
         SIGN FACE AREA.  The portion of sign that contains the commercial or non-commercial message.
         SIGN, BUILDING MOUNTED.  A sign affixed to the side of a building wall.
         SIGN, GROUND MOUNTED.  A sign which is placed on or anchored in the ground with one or more supports that are not part of a building or other structure.
         SIGN, TEMPORARY.  A sign that is displayed for a limited period of time and/or is not permanently mounted.
         SIGN, WINDOW.  A sign which is painted on, affixed to, or designed to be visible through a window, excluding displays of merchandise.
         SIGNAGE.  An object, device, display, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including but not limited to words, letters, pennants, banners, emblems, trademarks, trade names, insignias, numerals, figures, design, symbols, fixtures, colors, illumination, or projected images or any other attention directing device.
         SINGLE-FAMILY ATTACHED RESIDENCE.  A dwelling unit that is physically attached to one or more dwelling units, each on its own lot. Individual lots may or may not be surrounded by a larger tract that incorporates shared parking, recreation features, or access. The larger tract may or may not be owned in common by the landowners of individual lots. Examples include townhouses, patio homes, and row houses.
         SINGLE-FAMILY DETACHED RESIDENCE.  A dwelling containing one dwelling unit that is occupied by one family and that is not physically attached to any other principal structure on an individual lot. For regulatory purposes, this term does not include manufactured dwellings, recreational vehicles, or other forms of temporary or portable housing.
         SOCIAL, FRATERNAL, AND ASSEMBLY USES. A facility for assembly, including buildings that primarily provide meeting areas for civic, fraternal, business or professional organizations for conferences, seminars, recreation, training programs, sports, or entertainment. Examples include private clubs or lodges, YMCA, YWCA, swim and tennis club, country club, boys and girls club, meeting facilities, auditoriums, banquet halls, dinner theaters, convention centers, amphitheaters, stadiums, coliseums, and conference centers.
         SPEED BUMPS.  See SPEED CONTROL DEVICES.
         SPEED CONTROL DEVICES.  A natural or constructed feature located within or adjacent to a street that is designed to reduce motorist speed or vehicle volumes, while at the same time increasing safety for pedestrians and non-motorized vehicles.
         SPEED HUMPS.  See SPEED CONTROL DEVICES.
         SPEED TABLES.  See SPEED CONTROL DEVICES.
         STREET TREE.  A canopy tree planted or existing within or along either side of a street right-of-way.
         STRUCTURE.  Any material constructed, erected or placed in or upon the ground, including buildings.
         SUB-DISTRICT.  A portion of a base or overlay district that has unique standards or variations in the range of allowable uses.
         TATTOO PARLOR or BODY PIERCING ESTABLISHMENT.  An establishment whose principal business activity is the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin or the creation of an opening in the body of a person so as to create a permanent hole for the purpose of inserting jewelry or other decoration.
         TELECOMMUNICATIONS FACILITY, MAJOR.  Any application for wireless facilities and/or wireless support structures other than those meeting the definition of a minor wireless telecommunications facility.
         TELECOMMUNICATIONS FACILITY, MINOR.  A telecommunications facility that includes roof- or wall-mounted antennas, low-profile towers of 50 feet or less in height, collocations of telecommunications equipment on existing vertical projections, or stealth or camouflaged towers designed to appear as something other than a telecommunications facility, such as a tree, clock tower, steeple, or similar vertical projection.
         TREE PIT.  A location surrounded on two or three sides by a paved sidewalk that is intended for the planting of a street tree and any associated vegetation.
         UNDERSTORY TREE.  A species of tree which normally grows to a mature height of 15 to 35 feet.
         UTILITY FACILITY.  All facilities and equipment related to the provision, distribution, collection, transmission, or disposal of water, stormwater, sanitary sewage, natural gas, electricity, cable television, telephones, and wired telecommunications.
         VACANT LAND.  Vacant land that does not include a primary structure or includes a primary structure that is not inhabited.
         WASTE-RELATED USE.  Establishments that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Examples include recycling centers, salvage and junk yards, transfer stations, major and minor landfills. Accessory uses may include offices, outdoor storage, recycling of materials, and repackaging and trans-shipment of by-products.
         WHOLESALE SALES.  Establishments primarily engaged in selling merchandise to retailers, professional business owners, or to other wholesalers.
(Ord. O-2003-63, passed 12-16-03; Am. Ord. O-2012-12, passed 5-1-12; Am. Ord. O-2013-32, passed 8-20-13; Am. Ord. O-2017-13, passed 5-2-17; Am. Ord. O-2018-26, passed 8-21-18; Am. Ord. O-2019- 17, passed 4-2-19)