(A) Purpose.
(1) It is recognized that certain businesses require a restful, pleasant work environment similar in many respects to that found in a residential environment, and would suffer from traffic congestion, nuisances and hazards in much the same manner. Accordingly, it is the intent of this district to provide land in a park-like setting for the orderly and logical development of such management, research, design, marking and other administrative or professional offices and services, and certain limited production, all of which exhibit a high quality of architectural and design quality appropriate to a pleasant, park-like setting. No use is intended to be permitted which exhibits any obnoxious or nuisance characteristics, such as hazard, noise, vibration, smoke or other emissions, odors, glare, congestion or overtaxing of utility systems. Since the primary emphasis is on design such development will incorporate high-quality materials in unique architectural designs and substantial plantings of trees, shrubs and other plant materials. Production uses, when permitted, shall not require substantial volumes of truck or rail shipping as would be common to industrial developments.
(2) Such areas will generally be employment centers, as opposed to providing products or services to the general public. It is intended that such areas be mapped to include not less than 15 acres.
(B) Permitted principal uses.
(1) In accordance with the purpose of this district, it is the intent of this section to permit any use which complies with the performance standards and bulk requirements of the district, the general and special provisions of this code, and all other city codes or policies, unless expressly prohibited or classified as a conditional use. It is recognized that proper control of design and methods of operation will reduce the importance of what the use is, that spacious site layout with substantial amounts of landscaping; aesthetically pleasing architectural design and materials; non-combustible construction, proper building compartmentalization, and installation of fire sprinklers and other appropriate safety or warning equipment; pollution control; access control and limitations on trucks and other unnecessary traffic; proper subdivision layout; and other considerations will eliminate or substantially mitigate nuisance aspects or hazards of many uses.
(2) Uses considered to have certain inherent characteristics which are incompatible with the purposes and intent of this district, and which are hereby expressly prohibited shall include the following:
(a) Uses traditionally supplying goods or services to the traveling public, including but not limited to gasoline service stations, car washes, tire stores and other automotive supply and service, hotels and motels, off-premise advertising signs;
(b) Car, truck, mobile home and trailer rental, lease, repair or sales;
(c) Repair services, except for business machine repair services catering primarily to the offices in the district;
(d) Recreational, health and entertainment services, except as an accessory use as restricted by division (C) above;
(e) Transmitting towers or receiving antennas which cannot be screened from observation by adjoining properties or by normal traffic on public thoroughfares within 1,000 feet of the property;
(f) Wholesaling or warehousing;
(g) Schools, hospitals;
(h) Uses generating outgoing shipping in excess of four trucks in any 24-hour period; and
(i) Uses creating an identifiable nuisance or hazard, including violation of any of the provisions of this district.
(3) The above prohibited uses shall not be construed to include restaurants, nor establishments selling office equipment, stationery and similar supplies, or services primarily to the businesses within the district if they are in compliance with the provisions of this district.
(4) The city shall have broad discretionary powers in the interpretation and administration of this district in determining whether all criteria have been properly complied with. Any use which is not specifically listed as prohibited but is interpreted as such by reason of similarity to a listed prohibited use in the application of such powers is hereby defined to be a conditional use, subject to the same procedures and requirements elsewhere defined.
(C) Accessory uses.
(1) Uses that are clearly subordinate and customarily incidental to the principal use, including storage of merchandise and preparation of certain products, may be permitted subject to the standards set forth in division (E) below; and
(2) Restaurants and cafeterias, cocktail lounges, gift shops, florists, apparel stores, tobacco, candy, barber shops and beauty salons, convenience stores, books and stationery, health clubs or recreational facilities, apothecaries, optical shops and similar uses may be permitted where it can be demonstrated that the number of employees or clientele of the principal uses on the lot are sufficient to support such uses, subject to the following criteria in addition to all other requirements of this code.
(a) Such incidental or accessory uses may be separate tenants but shall be incorporated within the principal building, and designed to serve the employees of the principal building or complex or their clientele. Such uses shall not have any direct public access from the exterior, but shall access through a principal use or from a common mall or courtyard.
(b) Total area of all accessory uses shall not exceed 25% of the gross leasable floor area of the building or complex occupied by office uses.
(c) No signage or merchandise shall be displayed as to be visible to the general public from off the premises.
(d) Properties which choose not to exercise their right to all or any part of the 25% may transfer such development rights by recorded instrument upon approval by the City Council after recommendation by the Planning and Zoning Commission in order to permit development of a larger aggregation of such accessory use, provided that it can be demonstrated that such aggregation will primarily serve the district and will not draw the general public or otherwise violate the purposes of this district.
(D) Conditional uses. The following conditional uses may be allowed by the Board of Adjustment subject to § 160.63, provided such use complies with the requirements of this and all other city codes and is in accordance with the Comprehensive Plan of the city:
(1) Except as permitted accessory uses as defined and limited by division (C) above, retail sales or services which normally cater to the general public or residential households shall be permitted only by conditional use approval subject to the following conditions in addition to all other requirements of the district. Such retail sales and services include but are not limited to convenience stores, food, apparel, appliances, television and music, beauty salons and barber shops, furniture, department stores, dry cleaning, tailors, sporting goods, hobby shops, candy, gifts, florists and similar uses.
(a) If the city has zoned or planned an area for retail development within one mile of the subject property, as measured by the shortest travel route, wherein a similar business exists or reasonably may be located in the future by virtue of undeveloped or unoccupied building sites, such conditional use shall generally not be permitted unless found to be in the public’s best interest by reason of a possible monopolistic situation or other extenuating factors.
(b) A market study shall be conducted by the applicant and filed with the city identifying the projected trade area, which shall not include a significant amount of residential area; enumerate and locate the projected clientele, and projected capture percentage or market penetration rate; expected sales volume; and a comparison of the projected expenditure per capita to relevant data available from the U.S. Census of Retail Trade, Consumer Expenditure Survey as published by the Bureau of Labor Statistics, or similar indexes.
(c) The market study shall demonstrate that sufficient demand exists within the District to support such use; that it will not generate significant traffic from outside the district by virtue of its trade area; and that no existing or planned retail district can reasonably be expected to provide such use.
(2) Child day care services;
(3) Outpatient care facilities;
(4) Small wind energy conversion system (SWECS), subject to § 160.48; and
(5) Communication towers with a maximum height of 130 feet, located not less than 200 feet from the boundary of any property zoned for residential use or designated for such use by the Comprehensive Plan, and subject to § 160.47.
(E) Performance standards.
(1) All activities, storage and display shall be wholly contained within the principal building and concealed from public observation.
(2) No noise, vibration, hazard, glare, air pollutants such as fumes or dust, odor other than that which might originate from food preparation by a bakery or restaurant, or electromagnetic disturbances shall be generated or allowed to exist. No activity involving the use or storage of flammable or explosive material shall be permitted unless the highest available degree of fire suppression and safety devices is installed and maintained.
(3) All refuse collection areas shall be fully enclosed by a six-foot high opaque wood fence or masonry wall.
(4) All parking and loading areas, air handling equipment and similar utility apparatus shall be fully screened from observation by normal traffic on any and all public thoroughfares within 1,000 feet of such areas or apparatus.
(5) Buildings shall be designed by an architect licensed in the State of Iowa, and shall emphasize individualized design as opposed to pre-engineered or prefabricated construction or standardized design as customary to many fast-food restaurants or auto service stations; building materials shall be selected for their aesthetic quality and durability, avoiding light metal panels, exposed concrete block or other unfinished surfaces on visible facades, combustible construction or other materials or treatments which are easily damaged, require a high degree of maintenance or otherwise lack durability.
(6) A minimum of 30% of the lot shall be maintained in open space landscaped with grass, trees, shrubs and other plant materials in accordance with § 160.28.
(7) Lots fronting on an arterial street shall not exceed one drive access onto the arterial street, except as provided below. Common drives between adjacent landowners shall be encouraged in lieu of individual drives, recommended to be located with the common property line as the centerline of the drive and required to be located a minimum of 40 feet from any other drive as measured from centerline to centerline. Where such common drive is provided and joint access easements to parking areas are provided, required parking spaces on each lot may be reduced in number by up to 5%.
(8) One additional drive access may be permitted a lot with continuous frontage in excess of 300 feet, or two additional drive accesses for continuous frontage in excess of 600 feet, if proper spacing is provided.
(F) Bulk requirements. The following minimum requirements shall be observed:
(1) Minimum lot area: two acres, provided that more than one principal building or use may occupy a minimum lot if said lot is jointly controlled and maintained by the occupants through establishment of a horizontal property regime or other legally enforceable agreement;
(2) Minimum lot width: 300 feet;
(3) Minimum front yard: 50 feet;
(4) Minimum side yards: 50 feet;
(5) Minimum rear yard: 50 feet;
(6) Maximum height: no maximum, provided that no building for any use shall exceed a bulk plane having a 14-degree altitude calculated from a horizontal plane extending through a line located 18 feet above the average elevation of the north lot line, if an existing building with a passive solar design that includes thermal storage, or an existing solar photovoltaic array that is capable of producing a minimum of 3-kW DC in direct sun, lies to the north; said existing design or device shall be previously documented for this limitation to be applicable; and
(7) Maximum floor area ratio: (F.A.R.): 4.0.