(A) Purpose. The purpose of the Freeway Overlay Zone is to maintain the land uses permitted within the underlying zone districts, while providing parameters to improve the aesthetic and functional characteristics of properties located adjacent to the freeway.
(B) Restrictions and conditions. The restrictions and conditions applied to the properties included in the overlay zone shall be those that enhance the vehicular effectiveness, economic vitality and aesthetic appearance of the city from the freeway.
(C) Principal permitted uses.
(1) The principal permitted uses, accessory uses and conditional uses permitted in the Freeway Overlay Zone are outlined in the following divisions. Any uses that are not identified in the following divisions are prohibited within the Freeway Overlay Zone.
(2) The Planning Commission and/or other required approval bodies, after holding a public hearing, may approve a combination of land uses which may include uses other than those permitted in the underlying zone, provided that the approval body finds that the combination of uses will complement each other and will harmonize with existing and proposed land uses in the vicinity.
(D) Permitted uses. The following list identifies uses that are permitted in the Freeway Overlay Zone:
(1) Manufacture, processing and assembly of aircraft, automotive, boat or recreational vehicle accessories and parts;
(2) Manufacture, processing, shaping and or assembly of metal or plastic products, including sheet, tubular, molded, or wire forms;
(3) Specialized manufacture, processing or assembly of aerospace, military or communications equipment or components;
(4) Manufacture, processing, or assembly of large and small household appliances, electrical and electronic equipment, tools, and industrial machinery
(5) Metal fabricating, heat treating, pickling, and stamping;
(6) Manufacturing process, including use of lathes, presses, stamping machines, and similar equipment;
(7) Manufacture of cans, containers, boxes, barrels, bottles, and bags;
(8) Manufacture, processing and packaging of pharmaceuticals, drugs, toiletries, and cosmetics, except soap;
(9) Manufacture of scientific, optical, medical, dental, and drafting instruments, orthopedic and medical appliances, watches and clocks, precision instruments, musical instruments, cameras and photographic equipment, except film;
(10) Manufacturing processes such as the following as long as they are included as part of a primary business activity (not permitted as freestanding operations):
(a) Blacksmiths;
(b) Grinding;
(c) Electroplating;
(d) Polishing;
(e) Sheet metal;
(f) Cabinetry or carpentry;
(g) Welding;
(h) Tinsmiths;
(i) Anodizing;
(j) Metal engraving; and
(k) Die and pattern making.
(11) Manufacturing, compounding, processing, canning or packaging of products such as:
(a) Bakery goods;
(b) Candy and soft drinks;
(c) Dairy products; or
(d) Food products.
(12) Production of precious or semi precious metals or stones (excluding the dressing, grinding or cutting of metals or stones);
(13) Parking, storage, rental, leasing, and sale of boats, recreational trailers and vehicles, mobile homes, office trailers, and automobiles (see also § 155.658);
(14) Truck sales, retail leasing, service, or repair (see also § 155.657) excluding trucking facilities;
(15) Motorcycle sales, service, and repair;
(16) Automobile agency, new or used, automobile accessory and parts store, automobile laundry or carwash, brake relining shops, muffler shops, upholstery and top shops (also subject to § 155.658);
(17) Plumbing, heating or electrical shops;
(18) Building material and hardware sales;
(19) Furniture manufacturing and upholstery, including mattress manufacture, repair, rebuilding and recovering;
(20) Forklift sales and leasing;
(21) Machinery sales and service (excluding motor vehicles);
(22) Art supply and stationary sales;
(23) Office furniture sales and assembly;
(24) Servicing of office equipment such as copiers and printers;
(25) Blueprinting, photocopying, film processing, printing, engraving, and lithographing;
(26) Warehouses (except those uses involved in the selling, serving, or storage of alcoholic beverages which shall be subject to the requirements of § 155.628);
(27) Business and professional offices, administrative or executive offices of commercial, financial, or industrial establishments (except those uses involved in the selling, serving, or storage of alcoholic beverage which shall be subject to the requirements of § 155.628);
(28) Banks;
(29) Business, technical, trade or professional schools (less than 50 students);
(30) Clinics, doctors, engineering, industrial design and other professional offices;
(31) Scientific research and experimental development laboratories;
(32) Television and radio broadcasting studios;
(33) Highway patrol offices or other appurtenant facilities;
(34) Sit-down restaurants, cafes, cafeterias, or drive-through restaurants; and
(35) Other similar uses which the Commission, after study and deliberation, finds not to be inconsistent with the purpose of this section, and which would be similar to the uses listed as permitted uses and would be compatible with those uses.
(E) Conditionally permitted uses.
(1) Transit stations and transportation facilities.
(2) Hospitals and ambulance services.
(3) Business, technical, trade or professional schools (50 students or more).
(4) Drive in theatres and swap meets conducted in connection with a drive in theatre operation.
(5) Hotels and motels.
(6) Radio and television transmitter towers higher than 50 feet above ground level.
(7) Service stations.
(8) Public, private or quasi- public uses of an educational or recreational nature.
(9) Towing services.
(10) Regional commercial and retail uses five acres or more in size.
(11) Billboards, including but not limited to electronic and digital billboards.
(F) Accessory uses permitted.
(1) Employee recreational facilities and play areas.
(2) Restaurants, cafes, coffee shops, or cafeterias operated in conjunction with permitted use for the convenience of persons employed upon the premises (except those uses involved in the selling, serving, or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).
(3) Commercial sales and service incidental to a principal permitted use.
(4) Storage buildings incidental to a permitted use.
(5) Other accessory uses and buildings customarily appurtenant to a permitted use.
(G) Preferred uses.
(1) The intent of the Freeway Overlay Zone is to create a vibrant hub of commercial and industrial activity that serves as an attractive window into the city.
(2) As such, regional commercial and industrial uses as well as freeway oriented uses are highly encouraged (preferred) for non-residential properties that are located adjacent to, or visible from the freeway.
(3) Single-tenant uses are also preferred in commercially and industrially zoned properties that are visible from the freeway or accessible from the on and off ramps.
(Ord. 931, passed 2-27-03; Am. Ord. 1036, passed 11-20-12; Am. Ord. 1058, passed 8-28-14; Am. Ord. 1090, passed 9-28-17)