(A) Permitted accessory uses, buildings, and structures. Accessory uses, buildings, or structures shall be permitted in all Commercial/Town Center Districts; provided, however, that the primary use which is supported by the accessory use, building, or structure is a permitted use within the district to which a lot is zoned.
(1) Accessory uses, buildings, or structures shall not be permitted on a lot, out lot, or main portion of an integrated center prior to the erection of the primary building on the lot, out lot, or main portion of the integrated center.
(2) By way of example only, some typical accessory uses, buildings, and structures in the Commercial/Town Center Districts are: fences, trash containers, recycling containers, drive-through facilities, gasoline pump islands, and canopies.
(B) Development standards for accessory uses, buildings, or structures in all Commercial/Town Center Districts.
(1) Accessory uses, buildings, or structures shall comply with all development standards of the applicable district unless an exception is specifically provided for in this section.
(2) Accessory uses, buildings, or structures shall not encroach upon any platted easements unless specifically authorized by the terms of the easement or by written consent of the agency in whose favor the easement is granted.
(C) Additional development standards for accessory uses, buildings, or structures in any Commercial/Town Center District. Accessory uses, buildings, or structures permitted in any Commercial/Town Center District shall also comply with the following additional development standards:
(1) Residential uses. Accessory uses, buildings, or structures provided for any legally established residential uses located in any Commercial/Town Center District shall comply with the provisions of this division (C).
(2) Fences (including chain link, solid, architectural screen, lattice-work, or masonry).
(a) Fences located in a minimum front yard or in the buildable area of a lot located between the front line of the primary building and the minimum front yard shall not exceed:
1. Thirty-six inches in height above grade, if the open space percentage of the fence is equal to or less than 70%; or
2. Forty-eight inches in height above grade if the open space percentage of the fence is greater than 70%.
(b) Shall not exceed 8 feet in height above grade in a required side yard or a required rear yard;
(c) Shall not include any barbed, electric, razor, or other similar types of security wire when located between the front façade of the primary building and the front lot line; and
(d) Shall comply with the clear sight area requirements of this chapter, § 152.020.
(3) Trash containers. Trash containers exceeding 36 cubic feet shall:
(a) Be screened on at least 3 sides by a building wall or a solid-walled enclosure, not less than 6 feet in height nor more than 10 feet in height above grade, equipped with an opaque screen gate, and any solid-walled portion of the enclosure shall be provided with foundation landscaping;
(b) Not be located between the front façade of the primary building and the front lot line; and
(c) Not be located in any minimum front yard, minimum side yard, minimum rear yard, minimum front residential bufferyard, minimum side residential bufferyard, or minimum rear residential bufferyard.
(7) Drive-through facilities. Shall be so designed that:
(a) Drive-through lanes do not conflict with the safe and efficient flow of traffic into and out of required parking spaces or loading spaces;
(b) Drive-through lanes have a “bail out” capability for all vehicles which have entered the drive-through lane;
(c) The minimum drive-through facility standards include:
1. A drive-through lane with a minimum width of 10 feet measured from the furthest point of projection of a drive-through facility from the building or structure; and
2. A “bail out” lane with a minimum width of 12 feet measured from and running parallel to the full length of the drive-through lane;
(d) If a “bail out” lane also serves as an interior access drive providing access to parking spaces, the “bail out” lane/interior access drive shall be limited to a 1-way traffic pattern following the direction of the drive-through lane;
(e) If a parking area is developed beyond the “bail out” lane, the parking area shall be separated from the “bail out” lane by a curbed island having a minimum width of 3 feet;
(f) Provide at least 5 waiting spaces including the first occurrence of any ordering, pick-up or service facility; and
(g) Provide sufficient room for at least 1 waiting space after exiting the last pick-up or service facility.
(8) Gasoline dispensers and pump island canopies. Gasoline dispensers and pump island canopies shall:
(a) Not be located within any minimum front yard, side yard, rear yard, front residential bufferyard, side residential bufferyard or rear residential bufferyard unless specifically authorized in the “Use of Minimum Yards and Residential Bufferyards” division of the applicable district; and
(b) Shall be provided with adequate on-site maneuverability so as to avoid any interference with through traffic on any public right-of-way.
(Ord. 1221, § 4.11(a), passed 1-26-2010)