(A) Purpose. The purpose of this chapter is to provide increased economic development opportunities by encouraging an aesthetically pleasing built environment and high quality development along the major commercial corridors of the city.
(1) The development regulations in the Highway 37 Development District shall only apply to commercial, office, and industrial uses.
(2) These development regulations shall only apply to the first 300 feet (from the Highway 37 right-of-way, both north and south) of segments A and B of the Highway 37 Development District. The remaining 360 feet shall be subject to the current commercial regulations.
(B) Facade requirements. All commercial, office and industrial buildings shall be constructed according to the following minimum requirements.
(1) Any wall(s) facing a street shall contain, or have a facade with 100% wall area, excluding doors and windows, being brick, rock, decorative concrete block, stucco or like material, excluding other materials such as exposed exterior metal walls, untreated concrete block or unfinished, untreated concrete panels. See division (B)(3) below for procedure for variation or approval of other finish materials.
(2) All other walls viewable from a street shall contain or have a facade with a 100% of the wall area, excluding windows and doors, being brick, rock, decorative concrete block, stucco or like material, excluding other materials such as exposed exterior metal walls, untreated concrete block or unfinished, untreated concrete panels. See division (B)(3) below for procedure for variation or approval of other finish materials.
(3) Requests for exceptions or variations to the wall content or facade requirements of this division (B) as may arise when providing architectural details utilizing non-standard materials or determination of street frontage may be presented to, considered by and approved by the city staff if the exception or variation is in substantial compliance with the intent of this section. The city staff shall forward the determination to the Planning Commission when substantial compliance is questionable. The City Council, upon the advice from the Planning Commission, shall consider, approve or deny the request in the event of such a referral. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure, the economic and aesthetic impact on the community as a whole, adjacent zoning districts, present surrounding uses and potential future uses of surrounding property.
(4) Any orientation of a commercial, office or industrial building that would result in the major store or building frontage/entrance not oriented to face on the nearest major city street shall be subject to review and approval by the city staff. Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, traffic ingress and egress, the applicability of the exceptions or variation to the specific structure, the economic impact on the community as a whole, adjacent zoning districts, present adjoining uses and potential future uses of surrounding property.
(C) Screening of utilities. Utility system installation: air conditioning units, cooling systems, heaters. Mechanical systems should be inconspicuously placed on roofs, behind parapet walls or at the sides or rear of buildings, not visually obvious from roadways or adjacent or nearby (within 500 feet) business frontages.
(1) Utility and mechanical equipment (e.g., electric and gas meters, electrical panels, and junction
boxes) should be screened from view of public streets and neighboring properties.
(2) Mechanical equipment should be concealed by building elements that were designed as an integral or complementary part of the building design; the design must meet the access requirements of local utilities and specific city ordinances. Screening shall be architecturally consistent with the main structure.
(3) Mechanical equipment shall be located and operated in a manner that does not subject adjacent occupants and activities to noise that is disturbing by virtue of its volume or nature.
(4) All trash enclosures and garbage bins shall:
(a) Be located behind the rear facade of the principal commercial structure for screening purposes. Deviation from this placement requirement may be sought by an appeal to the Planning Commission;
(b) Be located away from sensitive uses to minimize nuisance for the adjacent property owners;
(c) Be subject to the minimum setback requirement;
(d) Be architecturally compatible with the primary structure;
(e) Utilize landscaping around the trash enclosures for further screening and to deter graffiti;
(f) Be kept in good repair;
(g) Be in compliance with Subdivision Standard G-1 and G-2; and
(h) Have a designated access way from the public street to the trash enclosure which shall be strengthened to avoid deterioration as per Standard G-3.
(D) Outside storage. Temporary outside storage shall be for a maximum duration of 180 days during any year and if the period is utilized in shorter time period segments no period shall commence within 60 days of a previous temporary period ending. All temporary outside storage shall require city staff approval as to type of storage and placement. Temporary outside storage shall not create a significant visual barrier to surrounding businesses, shall not create a traffic hazard, shall not create an unsightly business frontage.
(1) All forms of permanent outside storage must be permissible in the zoning district of the property, shall have landscaping and screening from view from the public streets.
(2) The city staff shall review, consider and approve proposed permanent outside storage placement, orientation and landscaping and screening plans if the placement, orientation and landscaping and screening plan is in substantial compliance with the intent of this section. The city staff shall refer the determination to the Planning Commission when substantial compliance is questionable. The City Council, upon the advice from the Planning Commission, shall consider, approve or deny the landscaping and screening plan in the event of such a referral.
(3) Factors to be considered and evaluated shall not be limited to, but shall include, the specific provisions of the request, the effect of the exception or variation on the overall and local community appearance, the potential impact on the community quality of life, the applicability of the exceptions or variation to the specific structure, the economic and aesthetic impact on the community as a whole, adjacent zoning districts, present surrounding uses and potential future uses of surrounding property.
(4) Office, commercial and industrial shed type structures or structures not fully enclosed may only be utilized for storage following use on review approval of the structure with landscaping and screening of any open wall visible from any arterial street within a 500-foot distance.
(E) Carports, accessory buildings and outside storage structures. The design of carports shall be subject to the review and approval of the city staff. The criteria considered shall include the following.
(1) The carport design shall be consistent with the architectural character of the existing buildings. A finding by the city staff that the accessory structure is consistent with the architectural character of the structures is necessary.
(2) The architectural finish shall include materials either the same as or visually compatible with the existing buildings.
(3) No storage units, closets, cabinets or bins shall be built into the carport whether freestanding or attached.
(4) The minimum setback shall be required by the zoning district in which the accessory building or structure is located.
(5) Maximum of two sides of the carport shall remain open.
(6) No carport or garage shall be sited in a manner that obstructs the line of sight from the driveway.
(7) The area covered by the carport shall be included as part of the lot coverage.
(F) Landscaping. Landscaping shall be used to enhance sites and buildings, control climate and noise, create transition between adjacent uses, unify various site components and define and separate functions and activities.
(1) At least 10% of land area shall be devoted to landscaping and be in accordance with the standards set forth in this chapter.
(2) Properly landscape all areas not covered by structures, driveways and parking.
(3) Landscaping shall consist of live plant material. Use of colored rock, wood bark and gravel in place of landscaping is not acceptable.
(4) Use of water-wise native plant materials, permeable surfaces and variety of plant material with different textures and colors is encouraged.
(5) Integrate perimeter landscaping with the landscaping of adjacent developments for streetscape continuity.
(6) Preserving natural site features such as established trees, creeks, views and the like, and incorporating into the site design of the new project is encouraged.
(7) Any tree required by § 154.097(C) of this chapter shall have a two-inch diameter or more.
(8) All landscaping shall be maintained in the condition in which it was designed and installed.
(9) Off-street parking areas in excess of 3,000 square feet or 15 spaces shall provide interior
landscaped areas in accordance with the following. Interior landscaping shall be located to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction. Landscaping within any developed area must equal or exceed a minimum number of points in order to obtain approval.
(a) Parking areas equal to or in excess of 3,000 square feet or 15 spaces and no more than 6,000 square feet or 30 spaces shall equal or exceed a minimum number of eight points to obtain approval. Parking areas in excess of 6,000 square feet or 30 spaces shall equal or exceed a minimum number of ten points to obtain approval.
(b) Landscaping shall consist of the following types of improvements.
1. Perimeter buffer. An improved landscaped area along the entire perimeter of the parking spaces and being not less than eight feet in width and a minimum of one tree with a minimum caliper of two inches per every eight parking spaces. Existing plant material shall be preserved and utilized to contribute to the required screening of the off-street parking area where possible. Off-street parking areas are encouraged in the rear yard when vehicular access is possible between adjacent structures. Landscaping shall not encroach on public right-of-way or sight triangles unless specifically authorized.
2. Interior islands. A curbed landscaped island located in a parking row of 15 spaces or more containing a minimum of 80 square feet with a minimum width of eight feet and includes a minimum of one tree with a minimum caliper of two inches. Selection of trees shall take into account the need for clear sight triangles in the parking area.
3. Terminal islands. A curbed landscaped island located at the end of a parking row. Each island planned shall conform to the specifications described in division (F)(9)(b)2. above.
4. Median islands. A curbed landscaped island with a minimum width of six feet sited between a double parking row.
(c) 1. Points shall be awarded according to the following schedule.
Landscaping Feature | Points Allocated |
Interior islands | 2 |
Median islands | 2 |
Perimeter buffer | 5 |
Terminal islands | 3 |
2. An additional two points shall be allocated if the developer doubles the amount of trees required in the perimeter buffer to one tree with a minimum two-inch caliper for every four parking spaces.
(G) Increased building height allowance. In order to foster a climate conducive to economic development the maximum height allowable for structures in the overlay district shall be 55 feet. Any building exceeding 35 feet shall comply with relevant sections of the Fire Code as adopted by the city.
(H) Mailboxes. Mailboxes and other delivery receptacles shall be located away from traffic in order to protect the safety of delivery personnel and business employees.
(1) All mail and delivery receptacles shall be located within the driving or parking area within a developed parcel and not in the right-of-way.
(2) Mail and delivery receptacles shall be located such that all delivery personnel and vehicles may completely exit the right-of-way of any abutting street to access the mail or delivery receptacle.
(3) In no case shall any mail or delivery receptacle be located in such a way that a delivery vehicle would be required to back into an adjoining right-of-way.
(4) In the case of commercial developments with multiple tenants a cluster receptacle/box shall be provided for mail service to all tenants.
(2002 Code, § 154.083) (Ord. 608, passed 11-13-2007; Ord. 654, passed 5-17-2010)