(A) General conditions.
(1) These regulations shall be applicable only to the lots located in this district on the east side of Summit Avenue in the city.
(2) No dwelling units shall be permitted.
(3) No Adult-Use Cannabis Business Establishment shall be permitted except as may otherwise be granted by a special use and only if located within the Adult-Use Cannabis Dispensary Overlay District.
(B) Permitted uses. The following uses are permitted:
(1) Above ground service facilities, but only in compliance with § 156.051.
(3) Antennas that are not satellite dish antennas and are attached to a building or structure, subject to all requirements and standards set forth in § 156.047(B)(6).
(4) Business, professional and medical offices, which shall include predominantly business and administrative offices such as insurance agents; professional offices such as attorneys, architects and professional engineers who require state licenses; and medical offices such as physicians, dentists, physical therapists, and other state-licensed health practitioners, with related pharmacy services, but excluding massage therapists.
(5) Signs as regulated in § 156.043.
(6) Studio for artist, sculptor or musician.
(7) Utility pedestals and vaults, telephone exchanges, sewage lift stations, electric substations and other similar public service or government uses.
(C) Special uses. The following uses may be allowed by a special use in accordance with the provisions of § 156.024:
(1) Adult-Use Cannabis Dispensary, but only if located within the Adult-Use Cannabis Dispensary Overlay District.
(2) Churches.
(3) Day care centers and preschools, with or without kindergartens.
(4) Freestanding antennas of any kind, subject to all requirements and standards set forth in § 156.047(B)(1) through (4).
(5) Planned unit developments on parcels of land not less than one acre in area; provided that all other requirements of § 156.025 shall be met.
(D) Floor area ratio. The floor area ratio shall not exceed 0.3.
(E) Lot area and width. The minimum lot area shall be not less than 15,000 square feet, and the minimum lot width shall be not less than 100 feet.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front yards. A minimum required front yard of not less than 15 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line of the parcel, and no more than 25 feet shall be used for parking between the front lot line and the building.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than five feet from the side lot lines of the parcel, provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot lines of the parcel.
(3) Rear yards. A minimum required rear yard of not less than 40 feet, including along the exterior boundaries of a lot developed as a planned unit development, except that a rear yard adjoining the business district boundary line, shall be not less than 30 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 25 feet.
(I) Maximum lot coverage. There shall be allowed a maximum lot coverage of not more than 70% occupied by permitted buildings, including accessory buildings, pavements, signs, driveways and walkways.
(J) Landscaping. In order to conserve existing property values, to preserve buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Director of Community and Economic Development prior to the issuance of permits.
(K) Lighting adjacent to residential property. When a lot is adjacent to a residential district, any non-residential use of such lot shall not cause any glare or excessive light spillover onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential property or into public streets or parks. Additionally, screening in the form of landscaping or of decorative fencing may be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(L) Nonconforming uses. Existing buildings, structures and uses in this district, which were constructed or established as part of a planned unit development or special use, including any variations or exceptions granted in conjunction therewith, or which were constructed in conformance with variations lawfully granted, shall not be deemed to be nonconforming buildings, structures and uses pursuant to § 156.041, and, in the event of destruction or damage of such a building or structure by fire or other casualty or act of God to the extent that the cost of restoration to the conditions prior to the fire or other casualty will exceed 50% of the total cost of reconstructing the entire building or structure, the subsequent building, structure or use shall not be required to conform to all regulations of this district so long as the subsequent building, structure or use is reconstructed and reestablished to conform to the approved planned unit development, special use, variations or exceptions, and the following shall also apply:
(1) A change in the use of land, a building or structure or any portion thereof to a synonymous use shall be allowed; provided, however, that if the synonymous use requires additional off-street parking pursuant to § 156.102, then the change to the synonymous use shall be allowed only if sufficient parking can be provided for such synonymous use;
(2) If a nonconforming building or structure is intentionally destroyed or demolished by the owner thereof, such building or structure and all uses located therein shall thereafter be required to conform to all regulations of this district; and
(3) If any use of land, a building or structure or any portion thereof is intentionally changed to a use that is consistent with the regulations of this district then in effect, such land, building or structure, or the portion thereof for which the use was changed, shall not thereafter be permitted to be used for any use that does not conform with all regulations of this district.
(Ord. 07-40, passed 3-25-08; Am. Ord. 07-51, passed 4-22-08; Am. Ord. 13-10, passed 2-12-13; Am. Ord. 13-11, passed 2-12-13; Am. Ord. 15-21, passed 3-10-15; Am. Ord. 19-30, passed 6-11-19; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999