(A) Uses by right. The principal uses permitted in the office district are designated by use unit. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading, and screening requirements and other use conditions in §§ 153.141 to 153.174. Except for parking lots, all activities including sales, displays, preparation and storage shall be conducted entirely within a completely enclosed building. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than one or more of the following permitted principal uses.
(1) Use Unit 1 - areawide uses by right.
(2) Use Unit 5 - single-family detached dwelling.
(3) Use Unit 6 - single-family attached dwelling (including townhouses, duplex, zero lot-line, quadruplexes).
(4) Use Unit 7 - multiple family dwelling excluding “group quarters” uses (permitted by special exception) [excluding funeral homes, hotels and motels].
(5) Use Unit 8 - manufactured or modular home dwelling.
(6) Use Unit 10 - off-street parking areas.
(7) Use Unit 11 - offices and studios.
(8) Part Use Unit 12 - entertainment and eating establishments excluding entertainment and drinking establishments (excluding drive-in restaurants).
(9) Part Use Unit 13 - convenience goods and services - limited to barber and beauty shops.
(10) Use Unit 28 - home occupations.
(11) Other uses. other uses or enterprises similar to the above, which in the judgment of the Area Plan Commission Board or Board of Zoning Appeals are similar to and not more objectionable to the general welfare, than the uses listed. Other uses so determined shall be regarded as listed uses. In no instance, however, shall the Area Plan Commission Board or Board of Zoning Appeals determine nor the regulations be so interpreted, that a use shall be permitted in a district where such use is specifically listed as first permissible in a less restricted district.
(B) Use by special exception. Special exception uses, as indicated below, may be permitted by the Board of Zoning Appeals following a public hearing when such are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the Comprehensive Plan.
(1) Use Unit 2 - areawide special exception uses.
(2) Use Unit 3 - public protection and utility facilities.
(3) Use Unit 4 - community services [including protective shelters, residential treatment centers and transitional living centers; and including children’s nursery/day care center for more than four unrelated children (excluding those who live in the home)].
(4) Use Unit 13 - convenient goods and services.
(5) Use Unit 14 - shopping goods and services.
(6) Unit 29 - mobile office trailer.
(C) Special exception use requirements. The special exception uses, permitted in the Office or Residential-Office District, as designated above, are subject to the minimum requirements set out below and such additional safeguards and conditions as may be imposed by the Board of Zoning Appeals.
(1) Except for parking lots, all activities including sales, displays, preparation and storage shall be conducted entirely with a completely enclosed building unless expressly permitted by the Board of Zoning Appeals in granting the special exception.
(2) The accessory use provisions of the Office District pertaining to signs apply to signs which are accessory to uses permitted by special exception; provided that each sign permitted shall primarily identify the principal office building, permitted accessory convenience goods and services shall be secondary.
(3) Multifamily use in the Office District shall comply with the bulk and area requirements of the RM/R-3District.
(4) Convenience goods and services in the Office District shall comply with the following requirements:
(a) No accessory convenience goods and services shall be permitted unless the principal building contains a minimum of 5,000 square feet of floor space;
(b) The permitted accessory convenience goods and services listed below shall be located entirely within the principal building and shall have its pedestrian entrance and exit through the principal building;
(c) Permitted accessory convenience goods and services are limited to the following uses and use groupings:
1. Bookstore;
2. Gift, novelty, and florist shops;
3. Newsstand;
4. Medical, dental, optical, and orthopedic supplies; and
5. Tobacco, candy, and nut store; and
(d) The permitted accessory convenient goods and services listed above shall not occupy more than 15% of the gross floor area of the building in which located.
(5) Within the Office District, the principal office structure may include an eating place (5% maximum), and accessory goods and services (15% maximum), or a total of 20% maximum of the total gross floor area devoted to the uses. Provided the eating places and accessory convenient goods and services do not exceed the maximum allowable for each individual use.
(6) Except as provided in § 153.022(F) for public protection and utility facilities, a minimum frontage of 100 feet are the requirements of the special exception uses unless the use unit requirements are more restrictive, in which case the more restrictive shall apply.
(7) Barber and beauty shops may be permitted as either accessory or principal uses in an office district by special exception.
(8) Special housing facilities in Use Unit 4 (community services), Use Unit 5 (single-family detached) and Use Unit 7 (multifamily) shall meet applicable use conditions and off-street parking and loading requirements as provided in §§ 153.181 through 153.185, in addition, to those required within the use unit itself.
(D) Accessory uses permitted. Those accessory uses which are customarily incidental to a principal permitted as follows.
(1) Management office, private recreation, laundry, and storage facilities for Use Unit 7 (multiple family dwelling).
(2) Garage.
(3) Carport.
(4) Signs:
(a) Business signs in Use Unit 21 (see Use Unit 21 for permitted business signs);
(b) Bulletin board;
(c) Identification sign;
(d) Real estate sign; and
(e) Construction sign.
(5) Shelter (storm).
(6) Private swimming pool.
(7) Child care in home (four or less).
(8) Yard sales.
(E) Accessory use conditions.
(1) General conditions.
(a) An accessory building erected as an integral part of the principal building shall be made structurally a part thereof shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.
(b) A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to garages and carports, provided the minimum required front yard or side yard set back line is observed.
(c) Within the rear yard, a detached accessory building shall be located at least five feet from interior lot line.
(2) Signs are permitted as follows in accordance with the yard requirement of § 153.024(B)(5).
(a) One bulletin board may be erected on each street frontage of any educational, religious, institutional, or similar use in Use Unit 4 by special exception or other uses by special exception requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
(b) One identification sign may be erected on each perimeter street frontage of a single-family detached subdivision, townhouse development, duplex structure, quadruplex development, multifamily-family development or permitted non- residential use. The sign shall not be permitted to exceed 48 square feet of display surface area. The sign shall not exceed 12 feet in height, and illumination, if any, shall be by constant light.
(c) During the period of construction, a temporary sign advertising the construction of improvements on the street premises, may be erected on each perimeter street frontage of the development. The sign shall not exceed 40 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
(d) A temporary real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed eight square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
(3) Private swimming pools (and all accessories thereto) shall meet safety requirements of state and local building codes.
(4) Child care - in home.
(a) A maximum of four non-related children may be cared for in the home without state licensing. Five to ten children may be cared for in the home if the resident obtains a special exception and maintains continuous state licensing. This number does not include those who reside in the residence.
(b) No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver if the primary caregiver is unavailable.
(c) No signs advertising the child care home shall be permitted on the lot.
(d) No exterior alteration of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures.
(e) State-licensed child-care homes in existence on the effective date of this chapter, but which would be prohibited by these requirements, may continue as otherwise regulated herein.
(5) Yard sales shall occur only once a month for not more than three consecutive days.
(Ord. 12-16, passed 8-8-12; Am. Ord. 13-9, passed 5-16-13)