(A) Use by right. The principal uses permitted in the commercial high intensity districts are designed by use units. These 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. 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 specified permitted principal uses in accordance with the limitations herein-after specified.
(1) Use Unit 1 - areawide uses by right.
(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 5 - single-family detached dwelling.
(5) Use Unit 6 - Single-family attached dwelling (including townhouses, duplex, zero lot-line, quadruplexes).
(6) Use Unit 7 - multiple family dwelling (including “group quarters” uses, but excluding funeral homes, hotels and motels).
(7) Use Unit 8 - manufactured or modular home dwelling.
(8) Use Unit 10 - off-street parking areas.
(9) Use Unit 11 - offices and studios.
(10) Use Unit 12 - entertainment and eating establishments.
(11) Use Unit 13 - convenience goods and services.
(12) Use Unit 14 - shopping goods and services.
(13) Use Unit 15 - other trades and services (sexually oriented businesses only by special Exception).
(14) Use Unit 16 - gasoline service stations.
(15) Use Unit 17 - automotive and allied activities.
(16) Use Unit 18 - drive-in restaurants.
(17) Use Unit l9 - hotel, motel and recreation facilities.
(18) Use Unit 21 - business signs and outdoor advertising.
(19) Use Unit 23 - warehousing and wholesaling.
(20) Use Unit 28 - home occupations.
(21) 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 or where such use is permitted by special exception in this district.
(22) Use unit 29 - mobile office trailer, so long as property does not abut a residential district.
(B) Use by special exception. Special exception uses may be permitted by the Board of Zoning Appeals following a public hearing, as indicated below, 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 15 - sexually oriented businesses.
(3) Use Unit 20 - commercial recreation: intensive.
(4) Use Unit 22 - research and development.
(5) Use Unit 25 - light manufacturing.
(6) Use unit 29 - mobile office trailer when property abuts a residential district.
(C) Limitations on uses by right and special exception.
(1) All activities including sales, display, preparations and storage shall be conducted entirely within a completely enclosed building except:
(a) Accessory parking lots and service stations;
(b) Retail stores in Use Units 14 and 15 involving the sale or rental of building materials, lawn and garden equipment, lumber, shrubs, trees and flowers;
(c) Uses in Use Unit 17 (automobile and allied products); and
(d) Uses that may be permitted by the Board of Zoning Appeals in granting a special exception.
(2) All products shall be sold as retail on the premises.
(3) All on-site lighting shall be directed toward the structures on-site and away from any neighboring residential districts. Areawide loudspeakers or paging systems will not be allowed.
(4) Sexually oriented business.
(a) No person shall cause or permit the establishment of any sexually-oriented businesses as defined in § 153.270 unless that business is specifically approved as a special exception by the Board of Zoning Appeals. This business may be established only within those conditions set by the Board of Zoning Appeals. (See § 153.246(C)(4)).
(b) The terminology “establishment of a sexually oriented business” shall be defined to include within its meaning the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, and/or the conversion of an existing business location to any of the sexually oriented uses as defined in § 153.270.
(D) Accessory uses permitted. Those accessory uses which are customarily incidental to a principal permitted use are 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.
(e) Construction sign.
(5) Shelter (storm).
(6) Private swimming pool.
(7) Child care in home (four or less).
(8) Yard sales on residential lots.
(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 for residential uses and community services of Use Unit 4 are permitted as follows in accordance with the yard requirement of § 153.024(B)(5). Office and business signs are permitted in accordance with Use Unit 21 (excluding outdoor advertising or off-premises signs).
(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 eight 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 eight 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 forty 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 on residential lots shall occur only once a month for not more than three consecutive days.
(Ord. 12-16, passed 8-8-12; Am. Ord. 12-22, passed 11-1-12; Am. Ord. 13-9, passed 5-16-13)