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(A) General description.
(1) This district is intended to provide a location for those administrative and professional offices which can occupy smaller structures in a landscaped setting. This type of development serves as a buffer between more intense retail and office commercial uses and established residential neighborhoods. Emphasis is placed on smaller individual freestanding buildings, landscaping, setbacks, sign control and restricted building height in order to promote maximum esthetic considerations in establishing protection for nearby residences.
(2) This is a new zoning district classification effective 5-12-2003.
(B) Permitted uses. The following shall be permitted as uses by right; provided, they meet all regulations of this section:
(1) Office building in which no activity is carried on that caters to retail trade with the general public and no stock of goods is maintained for sale to customers. Permitted uses shall include, but not necessarily be limited to, the activities of a doctor, dentist, lawyer, architect, consulting engineer, broker, photographic or music studio, insurance or accountant; provided, however, that, this shall in no way be construed as permitting funeral homes or beauty or barber shops;
(2) Automobile parking lot related to an office or retail commercial use;
(3) Property owners’ association green space, meeting or recreation facility;
(4) Carports. Permitted in the rear yard subject to existing easements;
(5) Accessory buildings, structures and uses customarily incidental to the uses permitted in this section and located on the same lot;
(6) Park, municipal or community building, golf course, fire station, police station, water wells, lift stations or open space, owned by the city or other public entity;
(7) Accessory and non-accessory signs, subject to all city sign regulations; and
(8) Specified communications towers and antennas subject to the regulations in this chapter and all other governmental requirements.
(C) Conditional uses. None authorized.
(D) Uses subject to review. The following uses are permitted on review in accordance with the application and public hearing requirements set forth in § 154.090 of this chapter:
(1) Day care center, subject to size and design of improvements being adequate to mitigate any impacts of the activity on adjacent residential uses;
(2) Nationally recognized lodge halls, fraternal organizations and veterans’ organizations; provided, however, that, any club organized primarily for the purpose of dispensing or consuming alcoholic beverages shall not be permitted;
(3) Public or private school, including classrooms, administration, maintenance, storage and school vehicle parking, but not including dormitory facilities;
(4) Dance or music studio, but not an adult-oriented dance club;
(5) Fitness center or health club, all indoor activities; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage requirements should conform to all platted setback and building lines, if greater than this code. They shall, however, comply with the following and all other requirements of this chapter, provided that in no case shall a main or accessory building be located over a public or private street or utility easement.
(2) Access: all properties shall have direct access to a public or private street, the description of which has been presented to the city in the form of a subdivision plat, warranty deed, easement or joint use agreement for activities developed within a business complex.
(3) Front yard setback:
(a) State highways: 25 feet from the front property line, or 90 feet from the centerline of an abutting highway, whichever is greater;
(b) Section line road: 25 feet from the front property line, or 75 feet from the centerline of an abutting section line road, whichever is greater; and
(c) Other streets: 25 feet from the front property line, or 50 feet from the centerline of an abutting street, whichever is greater.
(4) Side yard setback: five feet, provided:
(a) A building developed for multiple ownerships with common walls shall be subject to side yard requirements only on the exterior property lines of the building parcel;
(b) Where a building is located on a corner lot:
1. The side yard setback for the property line abutting a state highway: 25 feet or 90 feet from the centerline, whichever is greater;
2. The side yard setback for the property line abutting an arterial street: 25 feet of 75 feet from the centerline, whichever is greater; and
3. The side yard setback for the property line abutting a minor street: 15 feet or 40 feet from centerline, whichever is greater.
(c) Where the side yard abuts a residential zoning district, no building shall be located closer than 15 feet to the side lot line; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a side yard setback of 25 feet.
(5) Rear yard setback:
(a) Main building: 25 feet from the rear property line, or 90 feet from the centerline of a highway, or 75 feet from the centerline of a section line road, whichever is greatest;
(b) Where the rear yard abuts an office, retail or industrial district: ten feet;
(c) Where the rear yard abuts an agricultural or residential district: 20 feet; and
(d) In suburban or rural areas where there is no fire hydrant within 700 feet of a building there shall be a rear yard setback of 25 feet.
(6) Minimum lot size, there is no minimum size provided access, yard/setback and parking requirements can be met.
(7) (a) Maximum building height: 35 feet.
(b) Additional height may be granted as a “conditional use” subject to the following considerations:
1. Structures shall be sprinkled throughout including storage and attic spaces;
2. All structures shall meet or exceed current fire codes; and
3. Stand pipe connections shall be made available for all areas of the structures that are above 35 feet.
(8) Double frontage lots: where a lot has double frontage, the front yard setback requirement shall be applied to both frontages.
(9) Perimeter fences and walls shall be subject to all provisions of this code of ordinances.
(10) Landscaping: at least 5% of the land area shall be devoted to landscaping in accordance with the standards set forth in this chapter.
(11) Sight-proof screening and lighting: whenever any use permitted in this district, including parking lot or parking area, is established so as to adjoin the side or rear line of a lot in a residential district, a sight-proof screen shall be constructed and maintained in good condition along the side or rear lot line up to, but not beyond the adjoining residential building setback line; provided that, where the front yard is permitted to be used for off-street parking, then the requirements of the off-street parking regulations of this chapter shall apply. In addition, all lighting shall be arranged so that no annoying glare is directed or reflected toward residential property.
(12) Code compliance required with conversion or upgrading of structures:
(a) An existing residential or otherwise non-conforming building or property located within this district may be converted for a permitted use provided the following conditions are met:
1. Conformance with all development regulations of this district is required before issuance of a building permit or certificate of occupancy;
2. Parking, loading and access facilities shall be installed subject to the requirements set forth in this chapter; and
3. The main building and all accessory buildings and structures shall be brought into full compliance with all applicable codes and ordinances of the city.
(b) Non-conforming properties shall be brought into compliance with all city codes, including, but not limited to, parking space and parking lot improvement requirements, landscaping, signage, driveway access and drainage, as a part of the issuance of a new building or remodeling permit equal to 20% or more of the value of the existing property improvements. All improvements and upgrading permitted within any three-year time span shall be calculated towards activating this requirement.
(2002 Code, § 154.040) (Ord. 486, passed 5-12-2003; Ord. 697, passed 7-8-2013)