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(A) General description.
(1) This district is intended to provide a location for those office and institutional activities requiring separate buildings or building groups, and whose employees and clientele are of a larger number and do not necessarily live within the community. Land, space and aesthetic requirements of these uses make desirable a location on arterial streets adjacent to retail commercial activities.
(2) This district supersedes the former “C-1” Office Commercial District. All properties formerly classified “C-1” on the Official Zoning Districts Map shall henceforth be classified “O-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 which caters to retail trade with the general public and no stock of goods is maintained for sale to customers, except as provided for in this section;
(2) Convalescent, rest or nursing home, extended care facility or sanatorium;
(3) Any of the following educational or cultural uses:
(a) Art gallery;
(b) Assembly hall for non-profit corporation;
(c) Business college or school for vocational training, without dormitory facilities;
(f) School for instruction in dance or music; and
(g) Public or private school or college, without dormitory facilities.
(4) 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;
(5) Church, synagogue, mosque or temple, including sanctuary, pastor’s family residence and secondary buildings;
(6) Day care center;
(7) Funeral home;
(8) Recreational uses conducted within an enclosed building, such as tennis court, gymnasium, or health club facility;
(9) Off-street parking lot: subject to the requirements set forth in this chapter;
(10) Property owners’ association green space, meeting or recreation facility;
(11) Buildings, structures, and uses customarily incidental to the uses listed above in this section when located on the same lot;
(12) Shops and stores incidental to the uses permitted in this section subject to the following provisions:
(a) Products sold shall be incidental to the principal permitted activity;
(b) The retail activity:
1. Shall be contained within the office building;
2. Shall be oriented to the interior of the building;
3. Shall not exceed 20% of the gross floor area of the total structure; and
4. There shall be no display windows visible from a public street or adjoining property.
(c) Beauty and barber shops, employees’ cafeterias or snack bars, pharmacies or opticians offices and news stands or tobacco shops shall be permitted, even though they may provide more than incidental services; provided, the requirements listed above are met;
(13) Accessory and non-accessory sign or signs, subject to the requirements of this chapter and all applicable city sign regulations;
(14) Carports. Permitted in the rear yard subject to existing easements;
(15) Accessory buildings, structures and uses customarily incidental to the uses permitted in this section when located on the same lot; and
(16) 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) Single-family dwellings, two- to four- family dwellings and townhouses or apartments, when planned and developed as a part of a combined business-residential complex and submitted for development approvals as a unit with the entire complex;
(2) Lodge or meeting hall for a fraternal or civic organization;
(3) Perimeter wall or fence which exceeds the height permitted by city regulations; and
(E) Development regulations.
(1) General: all uses and structures permitted in this district are subject to the following standards. Building setback and coverage require- ments 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 properly line abutting an arterial street: 25 feet or 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, § 154.041) (Ord. 486, passed 5-12-2003; Ord. 697, passed 7-8-2013)