(A) General standards for all downtown districts. All nonresidential uses of structures and land in the downtown district are subject to the general standards and regulations of this chapter. In addition, all uses located in the downtown districts shall be subject to the following district standards.
(1) Outdoor storage. No outdoor storage of goods or materials shall be permitted unless permitted by a special use permit as specified in this chapter. When approved via a special permit, outdoor storage areas shall be screened by a six-foot tall wooden sight proof fence as approved on the site development plan.
(2) Adult uses. No adult uses as defined in § 162.001 of this chapter shall be permitted in any downtown district.
(4) Site plan review. To ensure compliance with the applicable provisions of this chapter, any exterior building construction or site improvements, or increase in the intensity of an existing use, including variances and special uses, but excluding normal maintenance activity, in the downtown districts shall require site plan review prior to the issuance of a building permit. Building elevations and scaled drawings prepared by a professional must be submitted showing dimensions, area and specification of building materials for proposed storefront improvements. This process shall ensure that new development proposals are in full compliance with all applicable city codes, ordinances, standards and policies. Development proposals, which are located within existing buildings or result in the redevelopment of existing properties, shall comply with those city requirements and policies as specified by the municipal code of the city.
(5) Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The following definitions shall apply to the interpretation and enforcement of this section.
ABRASIVE CLEANING. Any method utilized to clean a building exterior causing the wearing of the building’s material surface. An example of an ABRASIVE CLEANING method is the use of sandblasting.
STOREFRONT. The first story of the facade of a commercial establishment facing the street. A STOREFRONT usually incorporates a main entrance and large display windows.
STORY. The portion of building between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above.
(6) Setbacks and street wall alignment.
(a) In the D1 District all structures shall be built to the street right-of-way unless the adjoining structures are set back from the street right-of-way. Where no structures exist on a block, new structures shall be built to the street right-of-way line. Where adjoining buildings are set back from the right-of-way line, new structures shall be set back the same distance as the adjoining building located closest to the street right-of-way. On corner lots, new structures shall be built out to the street right-of-way of both streets.
(b) All structures in the D2, D3, D4 and D5 Districts shall be set back the same distance as the adjoining buildings. If the adjoining structures are set back different distances, new construction shall be set back the average distance between the new structures or set back the same distance as the adjoining structure located closest to the street right-of-way. If no structures are located on the block, the setback shall mirror the setback of the structures across the street. If none of these provisions apply, the setback shall be as established on the site development plan.
(c) Where a side or rear yard in a downtown district is adjacent to a residential district, the yard shall have a width or depth of ten feet and provide sight proof landscaping and/or fencing to screen the use from adjacent properties as approved on a site plan per requirement in §§ 162.280 through 162.285.
(7) Building standards. All nonresidential uses of structures in the D1, D2, D3 and D4 Downtown Districts, and all residential structures having more than four dwelling units in the D1, D2, D3 and D4 Downtown Districts, are subject to the general standards and regulations of this section. Any new structures or alterations to the exterior of any existing nonresidential structure, other than routine maintenance, shall comply with the following design standards.
(a) Building height. All new structures constructed within the D1 District shall be two stories in height and shall have a front facade of at least 24 feet in height. If the proposed structure is a single story structure, it shall have a false facade in compliance with division (A)(7)(d) below of this section. Unless otherwise provided by this section, building heights shall not exceed a height of five stories or 60 feet.
(b) Building width. New buildings greater than 30 feet in width shall have facades visually subdivided into proportional bays. The proportional bays shall not exceed 30 feet.
(c) Roof forms. Rooflines of new construction shall be similar to rooflines of adjacent buildings with historically appropriate roof forms. Gable roof shapes are permitted if parapet walls hide the end wall and water drainage is contained within the property. Rooflines of rear additions shall be lower than the roof line of the main structure.
(d) Windows.
1. Windows in commercial structures.
a. Upper story windows. Proportions of upper story window openings shall be similar to the proportions of adjacent historically appropriate buildings. Upper story window openings shall appear as punched openings within a solid wall, with glazing set back from the exterior wall surface.
b. First floor storefronts. New storefronts and replacement storefronts in the D1 District shall maintain the basic features of a historic storefront: display windows resting upon bulkheads; entrances flanked by piers or columns; and transoms and belt courses above the display windows and entrance. At least 80% of the area of the first floor storefront shall be glass.
c. In all downtown districts at least 30% of the first floor area of any structure shall be glass. At no time shall the glass area exceed 80% of the first floor area.
d. Replacement windows shall reflect the design of the original building or period style if known.
e. Window openings blocked or screened by concrete units, brick, plywood or other materials shall be reopened to reestablish the original rhythm of the voids on any street facade.
2. Windows in new residential structures. Proportions of window openings in new residential structures or uses shall be similar to the proportions of window openings of adjacent historically appropriate buildings. Window openings shall appear as punched openings within a solid wall, with glazing set back from the exterior wall surface.
3. Industrial structures. Industrial structures shall maintain existing window openings.
(e) Exterior materials.
1. New construction materials. Brick, stone, exterior insulation finish systems (“Dryvit”) or split-faced concrete block shall be used as construction material for front facades and side-street-facing facades.
2. Rehabilitation construction materials. When rehabilitating existing structures, brick or stone shall be utilized to closely match the historically appropriate building materials. Upon site plan review split-faced concrete block may be used as an alternative when colored to match the historically appropriate materials.
3. Detailing materials. Cast and molded metals, wood, structural glass when replicating a historically appropriate storefront design, fiberglass replications of architectural details or architecturally detailed exterior insulation systems shall be used as detailing materials or visible exteriors of new or rehabilitated buildings.
4. Prohibited exterior materials. Unless used to replicate a historically appropriate design, the following materials are prohibited from use on visible exteriors of new or rehabilitated buildings. wood, vinyl or aluminum siding, wood, asphalt or fiberglass/asphalt shingles; structural ribbed metal panels; plywood or plastic sheathing; reflective and mirrored glass; unfinished metal.
(f) Abrasive cleaning methods. The use of abrasive cleaning methods, for example sandblasting, on the masonry exterior of any structure in the downtown district is prohibited.
(g) Variances. Where exceptional or unusual conditions exist appeals for variation to these restrictions shall be heard by the Board of Zoning Appeals who shall in turn make recommendation, consistent with the aesthetic character of the downtown districts, to the City Council.
(a) No parking spaces shall be permitted in front of a structure in the D1, D2, D3 and D4 districts unless located within a public right-of-way;
(b) When no structure exists on a property, all off-street parking facilities shall provide adequate landscaping and/or iron, brick or natural stone fencing between six inches and 42 inches in height at the build line as approved by the Department of Planning and Development on the site development plan;
(c) Existing buildings not complying with off-street parking requirements (as of the effective date of this chapter) may be remodeled, repaired, structurally altered and change use without complying with the minimum parking standards. If a structure is enlarged in any way, parking must be provided for the area of the enlargement in compliance with §§ 162.090 through 162.099 of this chapter.
(d) Where parking is provided in a downtown district adjacent to a residential district, all parking spaces, loading spaces and drives shall be set back from the residential district ten feet. This setback shall provide sight proof landscaping and/or fencing to screen the use from adjacent properties as approved on a site plan per requirements in §§ 162.280 through 162.285.
(10) Landscaping. When any construction, alteration or change in use in a downtown district requires site plan review, a landscaping plan shall be included with the site plan.
(12) Transmission and receiving apparatus. Any transmission or receiving apparatus is permitted as an accessory use on top of any downtown building. The equipment shall not exceed a height greater than 15 feet higher than the building. The equipment shall be screened from the street level as approved by the Director of Planning and Development.
(13) Existing uses. Any permitted existing use, located in a downtown district prior to August 1, 1998 shall be permitted by special use permit.
(B) D1 Downtown Retail District.
(1) Intent and purpose. The D1 Downtown Retail District is a district intended to accommodate a wide variety of retail commercial uses, including both convenience retail and those which attract shoppers from a larger market area. The street level areas of all buildings shall be utilized for retail and retail service type uses to promote active street level uses and a retail core in the central business district. Uses above the street level shall provide a wider range of services and customer needs. Residential uses shall be encouraged on the upper floors of buildings to provide pedestrian activity in this retail core area after business hours.
(2) Primary permitted uses. The following uses shall be permitted within the D1 District:
(a) Bars and taverns;
(b) Educational institutions;
(c) Financial institutions;
(d) Health clubs;
(e) Lobbies and public spaces when located within an office building or an apartment building;
(f) Off-street parking lots, excluding the sale or storage of vehicles;
(g) Personal service establishments;
(h) Professional offices;
(i) Public offices and facilities;
(j) Religious institutions;
(k) Repair shops for small appliances and personal electronics;
(l) Restaurants (except those with drive-through services);
(m) Retail sales;
(n) Theaters;
(o) Accessory uses customarily incidental and subordinate to the services;
(p) Limousine and taxicab services;
(q) Artists, music and dance studios;
(r) Hotels, photography studio, radio and television studios;
(s) Accessory uses customarily incidental and subordinate to the principal use it serves;
(t) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use;
(u) Domestic violence shelters and homeless, emergency and transitional shelters; and
(v) Adult-use cannabis dispensing organization shall comply with the following:
1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.
2. Dispensing facility shall not be located in a dwelling unit.
3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.
4. At least 75% of the floor areas of any tenant space occupied by a dispensing facility shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).
5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(3) Secondary uses. The following uses shall be permitted above or below the street level of all structures within the D1 District: Residential units.
(4) Special uses. The following special uses are permitted in the D1 District subject to the provisions of § 162.030 of this chapter:
(a) Automobile sales and service;
(b) Drive-up banking facilities including automated and teller operated facilities;
(c) Drive-through or drive-up facilities;
(d) Hotels when no primary permitted uses of the district are provided on the street level;
(e) Indoor recreation facilities;
(f) Mortuary;
(g) Motels;
(h) Sales of automotive parts;
(i) Secondary permitted uses when located on the first floor of a structure;
(j) Vocational schools and other private for profit schools; and
(k) Nightclubs and cabarets.
(5) Height requirement. No structure shall be permitted less than 25 feet or two stories in height. Any structure over five stories or 60 feet in height shall be permitted through the special use permit procedure in § 162.030 of this chapter.
(C) D2 Downtown General Business District.
(1) Intent and purpose. The D2 Downtown General Business District is a district intended to accommodate a wide variety of traditional downtown commercial uses, including retail, office, institutional and service uses.
(2) Permitted uses. The following uses shall be permitted within the D2 District:
(a) Artist, music and dance studios;
(b) Banquet facilities;
(c) Bars and taverns;
(d) Child care centers;
(e) Contractor’s offices with indoor storage, including plumbing, electric, heating and cooling contractors;
(f) Equipment rental and leasing service;
(g) Essential public utility facilities;
(h) Financial institutions, including freestanding automatic teller machines and drive-up facilities;
(i) Health clubs;
(j) Hotels;
(k) Indoor and outdoor recreation facilities;
(l) Lumber yards and farm implement dealerships;
(m) Mortuary;
(n) Motels;
(o) Newspaper printing and publishing;
(p) Off-street parking lots, excluding the sale or storage of vehicles;
(q) Offices;
(r) Personal service facilities;
(s) Photography studio;
(t) Printers;
(u) Product assembly;
(v) Public offices and facilities;
(w) Public utility facilities;
(x) Radio and television studios;
(y) Religious institutions;
(z) Repair of electronics, small engines, appliances and electronic motors;
(aa) Residential units;
(bb) Restaurants (except those with drive-through service);
(cc) Retail sales;
(dd) Sales of automotive parts;
(ee) Sign printing and assembly;
(ff) Schools;
(gg) Telecommunication facilities;
(hh) Theaters;
(ii) Veterinary clinics (excluding kennels);
(jj) Accessory uses customarily incidental and subordinate to the principal use it services;
(kk) Limousine and taxicab services;
(ll) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use; and
(mm) Domestic violence shelters and homeless, emergency and transitional shelters.
(nn) Adult-use cannabis dispensing organization shall comply with the following:
1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.
2. Dispensing facility shall not be located in a dwelling.
3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.
4. At least 75% of the floor areas of any tenant space occupied by a dispensing facility shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).
5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(3) Special uses. The following special uses are permitted in the D2 District subject to the provisions of § 162.030 of this chapter:
(a) Car washes;
(b) Convenience stores with gasoline service;
(c) Drive-through facilities;
(d) Metal and machine fabrication;
(e) Outdoor storage facilities as an accessory use to any permitted use, when screened with landscaping and a six-foot high sight proof fence;
(f) Telecommunication facilities over 60 feet height;
(g) Vehicle body shops, filling stations, service, sales and/or leasing facilities;
(h) Vocational schools, dance studios and other private for profit schools;
(i) Warehousing and distribution centers; and
(j) Nightclubs and cabarets.
(4) Height requirements. No structures over five stories or 60 feet in height shall be permitted without a special use permit as provided in § 162.030 of this chapter
(D) D3 Downtown Riverfront District.
(1) Intent and purpose. The D3 Downtown Riverfront District is intended to accommodate a concentration of entertainment, hospitality and tourism uses while accommodating the existing industrial uses. Also located within this district is the “Arts Corridor” which welcomes a variety of uses to show artist’s talents, provide a unique experience for pedestrians and serve as a highly visible foyer to the city.
(2) Permitted uses. The following uses shall be permitted within the D3 District:
(a) Automatic teller machines;
(b) Bars and taverns;
(c) Bicycle sales and rental;
(d) Essential public utility facilities;
(e) Galleries;
(f) Health clubs;
(g) Indoor sports facilities;
(h) Motels and hotels;
(i) Museums;
(j) Offices;
(k) Outdoor theaters;
(l) Public facilities;
(m) Residential units;
(n) Restaurants (except those with drive-through service);
(o) Retail sales;
(p) Studios;
(q) Telecommunication facilities;
(r) Theaters;
(s) Warehousing, light manufacturing, production, processing, assembly, fabrication, packaging, cleaning, servicing, testing, repair, display, storage and sales of materials, goods or products within a structure;
(t) Accessory uses customarily incidental and subordinate to the principal use it services including outdoor display and sales. All restaurants, bars, taverns and nightclubs may have outdoor seating when associated with the primary use;
(u) Limousine and taxicab services;
(v) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use;
(w) Domestic violence shelters and homeless, emergency and transitional shelters; and
(x) Adult-use cannabis dispensing organization shall comply with the following:
1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.
2. Dispensing facility shall not be located in a dwelling.
3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.
4. At least 75% of the floor areas of any tenant space occupied by a dispensing facility shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).
5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(3) Special uses. The following special uses are permitted in the D3 District subject to the provisions of § 162.030 of this chapter:
(a) Vehicle filling stations, service stations, body shops or repair facilities;
(b) Drive-through or drive-up facilities;
(c) Telecommunication towers over 60 feet in height; and
(d) Nightclubs and cabarets.
(4) Height requirements and view protection.
(a) This division is intended to preserve the views west of Third Street. Heights of buildings and projecting signage will be regulated as a measure to preserve the view of the Mississippi River from upper levels of buildings and the public right-of-way.
(b) The height of the east elevation of any proposed structure west of Third Street within this district shall not exceed a height of four stories (50 feet). The maximum height of the west elevation of a structure shall be established at the same elevation above mean sea level as the roof line of the east elevation. Structures east of Third Street shall not exceed a height of five stories (60 feet). Any structure exceeding these height requirements will not be permitted without a special use permit as provided in § 162.030 of this chapter.
(c) All east-west street corridors in this district shall be free of signs or awnings projecting more than three feet from any structure over the right-of-way. All new structures constructed along these streets west of Third Street shall comply with the above mentioned height requirements and be set back five feet from the right-of-way.
(5) Outdoor uses. Outdoor table service for eating and drinking establishments shall be permitted to encroach into the public right-of-way. The encroachment shall provide a four-foot wide walkway and all outdoor eating establishments shall be clearly delineated by decorative fencing or planters.
(6) Performance standards for industrial uses. The performance standard regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare and heat to minimize negative effects on adjacent land uses and developments.
(a) Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point beyond the lot line of the lot on which the use is located.
(b) Noise. Every use shall be so operated that the noise generated does not exceed noise levels beyond its property lines in excess of the sound produced in normal commercial activities.
(c) Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of Chapters 50, 92 through 94 and §§ 159.01 through 159.04 of the municipal code.
(d) Smoke. Every use shall be so operated that no smoke from any source shall be emitted in accordance with the requirements of Chapters 50, 92 through 94 and §§ 159.01 through 159.04 of the municipal code.
(e) Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.
(f) Emission of dirt, dust, fly ash and other forms of particulate matter. Every use shall be so operated that there is no emission of dirt, dust, fly ash and other forms of particulate matter.
(g) Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
(h) Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in a manner as to be imperceptible along any lot line without instruments.
(i) Additions, modifications or changes. Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the zoning performance standards regulations shall become a part of these regulations.
(E) D4 Downtown Office and Medical Facility District.
(1) Intent and purpose. The D4 Downtown Office and Medical Facility District is intended to provide for the specific needs of medical centers and uses associated with these centers in an area to ensure the compatibility of land use.
(2) Permitted uses. The following uses shall be permitted within the D4 District:
(a) Adult day care centers;
(b) Assisted living facilities;
(c) Bars and taverns;
(d) Bed and breakfast facilities when utilized by families of patients;
(e) Board and care facilities;
(f) Boarding houses and dormitories for students of private technical schools, nursing schools or medical schools permitted within this district;
(g) Child care centers;
(h) Essential public utility facilities;
(i) Financial institutions, including freestanding automatic teller machines and drive-up facilities;
(j) Florists;
(k) Greeting card and gift shops;
(l) Group homes;
(m) Health clubs;
(n) Hospices;
(o) Hospitality houses;
(p) Intermediate care facilities;
(q) Medical centers;
(r) Medical and dental offices;
(s) Mortuaries;
(t) Multiple-family residences;
(u) Nursing and medical schools;
(v) Nursing homes;
(w) Offices;
(x) Pharmacies, convenience stores (without gas pumps) and variety stores;
(y) Printers;
(z) Private technical schools teaching skills directly related to the medical profession and use of medical equipment;
(aa) Public buildings;
(bb) Religious institutions;
(cc) Residential care facilities;
(dd) Restaurants (except those with drive-through service);
(ee) Sale and rental of medical equipment;
(ff) Schools;
(gg) Sheltered care facilities;
(hh) Single-family residences;
(ii) Skilled care facilities;
(jj) Telecommunication facilities;
(kk) Accessory uses customarily incidental and subordinate to the principal use it services except that no automatic vending machines shall be permitted on the exterior of any structure or in view of the public right-of-way;
(ll) Limousine and taxicab services;
(mm) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use; and
(nn) Adult-use cannabis dispensing organization shall comply with the following:
1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.
2. Dispensing facility shall not be located in a dwelling.
3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.
4. At least 75% of the floor areas of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).
5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(3) Special uses. The following special uses are permitted in the D4 District subject to the provisions of § 162.030 of this chapter:
(a) Convenience stores with gas pumps;
(b) Restaurants with drive-through service;
(c) Retail sales;
(d) Telecommunication facilities over 60 feet in height;
(e) Vehicle filling stations, service stations or repair facilities;
(f) Vocational schools, dance studios and other private for profit schools; and
(g) Nightclubs and cabarets.
(4) Height and area requirements. No structures over five stories or 60 feet in height shall be permitted without a special use permit as provided in § 162.030 of this chapter.
(F) D5 Downtown Industrial District.
(1) Intent and purpose. The D5 Downtown Industrial District is intended to accommodate traditional downtown river uses. These uses are typically light industrial, manufacturing and warehousing activities that have historically been located in the downtown area. The district further maintains these uses and any future use at a scale and intensity that is compatible with the residential and commercial uses in the area.
(2) Permitted uses. The following uses shall be permitted within the D5 District:
(a) Any use permitted within the D2 Downtown General Business District;
(b) Warehousing, manufacturing, production, processing, assembly, fabrication, packaging, cleaning, servicing, testing, repair, display, storage and sales of materials, goods or products within a structure;
(c) Accessory uses customarily incidental and subordinate to the principal use it services;
(d) Limousine and taxicab services; and
(e) Adult-use cannabis dispensing organization shall comply with the following:
1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.
2. Dispensing facility shall not be located in a dwelling.
3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.
4. At least 75% of the floor areas of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).
5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(f) Adult-use cannabis infuser organization shall comply with the following:
1. Infuser facility may not be located in a dwelling unit.
2. At least 75% of the floor area of any tenant space occupied by an infusing facility shall be devoted to the activities of the infusing organization as authorized by the Cannabis Regulation and Tax Act (the “Act). Infuser facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(g) Adult-use cannabis processing organization shall comply with the following:
1. Processing facility may not be located in a dwelling unit.
2. At least 75% of the floor area of any tenant space occupied by a processing facility shall be devoted to the activities of the processing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”). Processing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(h) Adult-use cannabis transportation organization shall comply with the following:
1. Transportation facility may not be located in a dwelling unit.
2. The transporting facility shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).
3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(i) Adult-use cannabis craft grower shall comply with the following:
1. Craft grower facility may not be located in a dwelling unit.
2. Craft grower facility shall not be within 1,500 feet of another cannabis craft grower or cultivation facility.
3. Craft grower facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).
4. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(j) Adult-use cannabis cultivation center shall comply with the following:
1. Cultivation facility may not be located in a dwelling unit.
2. Cultivation facility shall not be within 1,500 feet of another adult-use cannabis cultivation or craft grower facility.
3. Cultivation facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).
4. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(3) Special uses. The following special uses are permitted in the D5 District subject to the provisions of § 162.030 of this chapter:
(a) Car washes;
(b) Lumberyards and farm implement dealerships;
(c) Outdoor storage facilities;
(d) Restaurants with drive-through facilities;
(e) Telecommunication facilities over 60 feet in height;
(f) Vehicle body shops, filling stations service, sales and/or leasing facilities;
(g) Vocational schools; and
(h) Nightclubs and cabarets.
(4) Height requirements and view protection.
(a) This section is intended to preserve the view corridors west of Third Street. Heights of buildings and projecting signage will be regulated as a measure to preserve the view of the Mississippi River from upper levels of buildings and the public right-of-way.
(b) The height of the east elevation of any proposed structure west of Third Street within this district shall not exceed a height of four stories (50 feet). The maximum height of the west elevation of a structure shall be established at the same elevation above mean sea level as the roof line of the east elevation. Structures east of Third Street shall not exceed a height of five stories (60 feet).
(c) Any structure exceeding these height requirements will not be permitted without a special use permit as provided in § 162.030 of this chapter.
(d) All east-west street corridors in this district shall be free of signs or awnings projecting more than three feet from any structure over the right-of-way. All new structures constructed along these streets west of Third Street shall comply with the above mentioned height requirements and be set back five feet from the right-of-way.
(Ord. 8899, passed 1-29-2001; Ord. 8915, passed 7-9-2001; Ord. 9104, passed 4-2-2007; Ord. 9207, passed 2-28-2012; Ord. 9175, passed 9-7-2010; Ord. 9184, passed 6-1-2011; Ord. 9240, passed 7-19-2013; Ord. 9260, passed 8-4-2014; Ord. 9281, passed 11-9-2015; Ord. 9290, passed 5-23-2016; Ord. 9388, passed 9-16-2019) Penalty, see §
162.999