[R.O. 2009 §156.025; CC 1981 §30-26; Ord. No. 77-31, 7-5-1977; Ord. No. 92-302, 12-16-1992; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord.
No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §2, 2-4-2011]
A.
Purpose. The purpose of the "A" Agricultural District is
to provide for agricultural activities, to provide for spacious residential
development for those who choose this environment and to prevent untimely
scattering of more dense urban uses, which should be confined to areas
planned for efficient extension of public services.
B.
Permitted Uses. A building or land in the "A" Agricultural
District shall be used only for the following purposes:
1.
Agricultural activities on a farm of three (3) acres or more including
general farming, truck gardening, cultivation of field crops, orchards,
groves or nurseries for growing or propagation of plants, turf, trees
and shrubs, dairy farming, keeping or raising for sale of large or
small animals, reptiles, fish, birds or poultry and including structures
for storage and processing; provided, that commercial slaughtering
and processing of large animals such as horses, cows, pigs, sheep
or goats shall not be conducted on the premises.
3.
Greenhouse, commercial.
4.
Public and private parks and open spaces.
5.
Reservoirs.
6.
Single-family dwellings.
7.
Wildlife reservations and other similar conservation projects.
8.
Placement of a telecommunication antenna on an existing telecommunication
tower (co-location) where no expansion or enlargement of the existing
tower enclosure is required.
C.
Permitted Accessory Uses. The following accessory uses are
permitted in the "A" district:
1.
Buildings used as contractors' or construction operations during
development of the tract or subdivision on which they are located.
They shall be removed upon completion or abandonment of the project
or the end of a two (2) year period, whichever is sooner.
2.
Dwelling unit used for guests.
3.
Fertilizer storage, for farm use only, in bags or bulk storage of
liquid or dry fertilizer in tanks or in a completely enclosed building,
but not manufacture, processing, retail or wholesale.
4.
Garage, private.
5.
Garden house, tool house, playhouse or greenhouse incidental to residential
use.
6.
Grain storage, blending and packaging for farm use only, but not
milling.
7.
Home occupations.
8.
Marinas and boat docks.
9.
Storage of a boat trailer, self-propelled camper, camp trailer or
a boat, but not in a front yard.
D.
Conditional Uses.
1.
The following uses may be permitted in the "A" district as conditional
uses if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Airports and landing fields and accessory uses for general aviation.
b.
Archery range, provided, that such range is approved by the Chief
of Police.
c.
Cemetery on a site of not less than twenty (20) acres.
d.
Circus or carnival grounds, amusement park, zoo or midway, permanent
or temporary, for specified time period.
e.
Day camps and campgrounds.
f.
Day care facilities subject to the following as may be modified through
the conditional use process:
(1)
Not more than ten (10) children not related to the operator
shall be kept. Up to three (3) additional children over the age of
two (2) may be kept for up to two (2) hours per day. Up to three (3)
additional school age children may be kept on unscheduled days of
school closings; provided that at no time shall more than thirteen
(13) children not related to the operator be kept.
(2)
Such uses shall be permitted only if the rear yard in which
the home would operate meets the minimum requirements of this Section
and is enclosed with a suitable fence.
(3)
Such uses are located in the dwelling used by the operator as
his/her private residence.
(4)
The operator shall not employ more than one (1) full-time (forty
(40) hours per week) assistant who does not reside on the premises
or more than two (2) half-time (twenty (20) hours per week) assistants
who do not reside on the premises.
(5)
No advertising or identification sign shall be placed on the
premises.
(6)
All City health and fire regulations are met.
(7)
All applicable State regulations are met.
g.
Dog kennels, commercial or non-commercial; provided any commercial
open pens, runs, cages or kennels shall be located at least two hundred
(200) feet from any side or rear lot lines.
h.
Dwellings and mobile homes occupied by persons employed on the premises
or immediate members of the family or families owning or operating
a farm.
i.
Educational institutions including museums, art galleries and libraries.
j.
Excavation or filling, borrow pits, extraction, processing and removal
of sand, gravel or stone and other major excavations other than for
construction of swimming pools and foundations for buildings.
k.
Exposition center or fairgrounds.
l.
Golf courses, putting greens, driving ranges and similar activities
operated as a business including a building for a golf shop, locker
room and snack bar as an accessory use to a golf course; provided
no such building is located closer than one hundred (100) feet from
adjoining property lines.
m.
Hospital or clinic for large or small animals; provided that all
buildings, structures, pens or open kennels shall be located at least
two hundred (200) feet from any lot lines.
n.
Hospitals, congregate care facilities and group living arrangements.
o.
Livestock auction market.
p.
Racetrack, any type, subject to the following requirements for protective
screening: where a racetrack directly adjoins a residential zoning
district or a "PD" zoning district, a landscaped greenbelt at least
fifty (50) feet in width shall be provided and maintained along the
appropriate property line by the owners and/or managers of the racetrack.
The undeveloped area shall be planted with trees or shrubs or shall
be maintained in a well kept lawn. The greenbelt shall not be used
for off-street parking facilities, for driveways or for open storage.
Along the inner side of the greenbelt, there shall be provided a masonry
wall at least six (6) feet in height above grade to separate the greenbelt
from the racetrack facilities.
q.
Radio television transmission receiving station or tower; subject to building codes and further regulations of Section 400.470.
r.
Recreational uses or facilities, commercially operated or for a private
membership, such as game courts, swimming pools, tennis clubs, fishing
or boating lakes, camping areas, picnic grounds, dude ranches or similar
activities; and accessory facilities including the sale of food, beverages,
bait, incidentals, supplies and equipment; provided that no such use,
structure or accessory use is located closer than fifty (50) feet
to any adjoining property lines.
s.
Riding academies and commercial stables; provided that any buildings
for the keeping of animals shall be located at least two hundred (200)
feet from any side or rear lot lines and the site size of the lot
shall be no less than forty (40) acres.
t.
Sports arenas or stadiums, commercial athletic fields or baseball
parks.
v.
Telecommunication towers, antennas attached to structures, or placement
of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required. Telecommunication towers shall be located only on property
that is a non-residential use.
w.
Warming and cooling centers when accessory to a church or other place
of worship. Occupancy limits for a warming and cooling center shall
be determined by the Building Code Official and Fire Marshal.
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
E.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) In the "A" district, the design standards shall be as follows:
1.
Minimum lot area: 3 acres.
2.
Minimum lot width at the building line: 150 feet.
3.
Minimum street frontage: 25 feet.
4.
Minimum lot depth: 200 feet.
5.
Maximum height of building: 2½ stories or 35 feet.
8.
Minimum floor elevation. Floor elevations shall
be at least one (1) foot above the Corps of Engineers' 100-year flood
elevation.
9.
Protective screening. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[R.O. 2009 §156.026; CC 1981 §30-27; Ord. No. 77-31, 7-5-1977; Ord. No. 83-2, 1-5-1983; Ord. No. 92-302, 12-16-1992; Ord. No. 93-191, 9-8-1993; Ord.
No. 94-95, 4-20-1994; Ord. No. 94-126, 6-8-1994; Ord. No. 95-11, 1-11-1995; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 01-111, 6-8-2001; Ord. No. 04-176, 8-4-2004; Ord.
No. 04-286, 12-29-2004; Ord. No. 06-163, 6-30-2006; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §3, 2-4-2011; Ord. No. 13-048 §1, 2-22-2013]
A.
Purpose. The purpose of the "R-1C", "R-1D", "R-1E" Single-Family
Residential Districts is to provide for low density, single-family,
residential development on lots where water and sewer facilities generally
are provided, together with such churches, recreational facilities
and accessory uses as may be necessary or are normally compatible
with residential surroundings. In general, the districts are located
where urbanization and full utilities and public services exist or
are planned for the reasonably near future.
B.
Permitted Uses. Buildings or land in the "R-1C", "R-1D",
"R-1E" districts shall be used only for the following uses:
1.
Single-family dwellings, but not manufactured homes.
2.
Group living arrangments.
3.
Public parks and open spaces.
4.
Public schools, government-owned buildings and places of worship.
5.
Parking lots for governmental purposes.
6.
Placement of a telecommunication antenna on an existing telecommunication
tower (co-location) where no expansion or enlargement of the existing
tower enclosure is required.
C.
Permitted Accessory Uses. The following accessory uses are
permitted in the "R-1C", "R-1D", "R-1E" districts:
1.
Buildings used as contractors' or construction operations during
development of the tract or subdivision on which they are located.
They shall be removed upon completion or abandonment of the project
or at the end of a two (2) year period, whichever is sooner.
2.
Garage.
3.
Garden house, tool house, playhouse or greenhouse incidental to residential
use.
4.
Home occupations.
D.
Conditional Uses.
1.
The following uses may be permitted in the "R-1C", "R-1D", "R-1E"
districts as conditional uses if approved by the City Council following
recommendation by the Planning and Zoning Commission:
a.
Cemetery on a site of one (1) acre or more.
b.
Adult day care facilities.
c.
Day care facilities subject to the following as may be modified through
the conditional use process.
(1)
Day care facilities located in an existing public or private school and accommodating students of that school only are not required to follow the procedures outlined in Section 400.1090.
(2)
Not more than ten (10) children not related to the operator
shall be kept. Up to three (3) additional children over the age of
two (2) may be kept for up to two (2) hours per day. Up to three (3)
additional school age children may be kept on unscheduled days of
school closings; provided that at no time shall more than thirteen
(13) children not related to the operator be kept.
(3)
Such uses shall be permitted only if the rear yard in which
the home would operate meets the minimum requirements of this Section
and is enclosed with a suitable fence.
(4)
Such uses are located in the dwelling used by the operator as
his/her private residence.
(5)
The operator shall not employ more than one (1) full-time (forty
(40) hours per week) assistant who does not reside on the premises
or more than two (2) half-time (twenty (20) hours per week) assistants
who do not reside on the premises.
(6)
No advertising or identification sign shall be placed on the
premises.
(7)
All City health and fire regulations are met.
(8)
All applicable State regulations are met.
d.
Educational facilities such as public zoological gardens and public
botanical gardens.
e.
Farm, truck garden, orchard or nursery.
f.
Golf courses, not lighted for night play, but including a building
for a golf shop, locker room and snack bar as an accessory use to
a golf course; provided no such building is located closer than one
hundred (100) feet to adjoining property lines; and not including
miniature golf courses, putting greens, driving ranges and similar
activities operated as a business.
g.
Private club associated with a subdivision development or neighborhood
clubs or neighborhood associations.
h.
Amateur radio operator's equipment, as licensed by the FCC, but not
more than twenty (20) feet above the highest point of the primary
structure on the property.
i.
Recreation facilities, such as fishing or boating lakes, boat docks,
picnic grounds, swimming or tennis clubs or similar activities, and
accessory facilities including sale of food, beverages or bait.
j.
Wildlife reservations and similar conservation projects.
k.
Meeting facilities for fraternal, masonic and philanthropic clubs
and organizations.
l.
Bed and breakfast.
m.
Private dining service only within the Extended Historic Preservation
District.
n.
Telecommunication towers, antennas attached to structures, or placement
of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required. Telecommunication towers shall be located only on property
that is a non-residential use.
o.
Warming and cooling centers when accessory to a church or other place
of worship. Occupancy limits for a warming and cooling center shall
be determined by the Building Code Official and Fire Marshal.
p.
Guest Houses provided the property satisfies the requirements provided in Section 400.421.
[Ord. No. 15-295 §1, 12-15-2015; Ord. No. 17-261, 11-21-2017]
q.
Shipping container homes, provided:
[Ord. No. 16-266 §2, 12-20-2016]
(1)
The structure complies with all applicable provisions
of the International Building Code;
(2)
The structure is completely enclosed with vinyl,
wood, cement board or brick siding; and
(3)
The structure has a pitched roof constructed of
wood or metal.
|
In approving the conditional use, the Planning and Zoning Commission
may recommend and the City Council may impose additional conditions
that are deemed necessary to maintain the desired consistency of land
uses, land use intensities and land use impacts as related to the
environs of the subject property.
|
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
E.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "R-1C", "R-1D", "R-1E" districts:
3.
Minimum street frontage shall be twenty-five (25) feet.
6.
Maximum lot coverage. Not more than forty percent
(40%) of the lot area shall be covered by the principal building and
accessory structures.
7.
Maximum height of building: 2½ stories or 35 feet
8.
Minimum floor area in square feet: 1,000 square feet for a single-family
dwelling unit
10.
Off-street parking and loading requirements.
b.
One (1) commercial vehicle licensed for not more than twelve thousand
(12,000) pounds gross vehicular weight and used by the occupant of
the dwelling may be parked on the premises.
c.
Protective screening. All exterior solid waste containers and container racks or stands for any non-conforming use, which is a permitted or conditional use in any multi-family, commercial or industrial district, shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[R.O. 2009 §156.027; CC 1981 §30-28; Ord. No. 77-31, 7-5-1977; Ord. No. 91-62, 3-25-1991; Ord. No. 92-302, 12-16-1992; Ord. No. 94-95, 4-20-1994; Ord.
No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 01-111, 6-8-2001; Ord.
No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "R-2" Two-Family Residential
District is to provide for duplex development in areas appropriate
for such uses, particularly as a transitional area between single-family
areas and major roads or more intensive uses such as commercial, industrial
or multi-family developments. Population density and height of buildings
are intended to be generally compatible with any adjacent single-family
residential developments to be protected.
C.
Permitted Accessory Uses. Any accessory use permitted in
the "R-1C", "R-1D" and "R-1E" Single-Family Residential District is
a permitted accessory use in the "R-2" district.
D.
Conditional Uses.
1.
The following uses may be permitted as conditional uses in the "R-2"
district if approved by the City Council following recommendation
by the Planning and Zoning Commission:
a.
Any conditional use of the "R-1C", "R-1D" and "R-1E" Single-Family
Residential Districts.
b.
Bed and breakfast establishments. For informational
purposes only, an applicant for a conditional use under this Subsection
shall forward a copy of the application to the City Council member
in whose ward the proposed use is located.
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
E.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) In the "R-2" district the design standards shall be:
1.
Minimum lot area: 9,000 square feet.
2.
Minimum lot width at the building line: 75 feet, minimum street frontage
shall be 25 feet.
3.
Minimum lot depth: 120 feet.
4.
Maximum height of building: 2½ stories or 35 feet.
6.
Maximum lot coverage. Not more than forty percent
(40%) of the lot area shall be covered by the principal building and
accessory structures.
7.
Minimum floor area in square feet. No dwelling unit
in a "R-2" zone shall have a living area of less than seven hundred
(700) square feet.
10.
Protective screening. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district, shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[R.O. 2009 §156.028; CC 1981 §30-29; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord.
No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-344, 10-7-1999; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "R-3A" Multiple-Family Residential
District is to provide for a variety of housing types and residential
densities as might be appropriate for row houses, garden apartments
or town house developments in areas appropriately located for such
use, which areas are well located with respect to major thoroughfares,
shopping facilities and centers of employment.
B.
Permitted Uses. A building or land in the "R-3A" district
shall be used only for the following purposes:
1.
Any use permitted in the "R-1C", "R-1D" and "R-1E" Single-Family
Residential District.
2.
Any use permitted in the "R-2" Two-Family Residential District.
3.
Apartment buildings, residential condominiums, town houses, row houses
and other types of multiple-family dwellings.
4.
Senior Housing Facilities.
[Ord. No. 15-069 §2, 4-21-2015]
C.
Permitted Accessory Uses. The following accessory uses are
permitted in the "R-3A" district:
1.
Any accessory use permitted in the "R-1C", "R-1D", "R-1E" and "R-2"
residential districts.
2.
A laundry room for use of occupants of a multiple-family dwelling
development.
3.
An office located in a main building for administration of a multiple-family
development containing ten (10) or more dwelling units.
4.
Coin-operated vending machines for candy, tobacco, ice, soft drinks
and sundries located inside a building and for the use of occupants
of a multiple-family dwelling development.
5.
Club and recreational facility for use of occupants of a multiple-family
development.
D.
Conditional Uses.
1.
The following uses may be permitted in the "R-3A" district as conditional
uses if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Conditional uses in any "R-1" or "R-2" zoning district.
b.
Congregate Care Facilities.
d.
Store for sale of food and sundries, not exceeding one thousand (1,000)
square feet of total floor area, inside a multiple-family dwelling
development and primarily for the convenience of residents of a multiple-family
development.
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
E.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "R-3A" district:
1.
Minimum lot area: 10,000 square feet.
3.
Minimum lot depth: 125 feet.
4.
Maximum height of building: 3 stories or 45 feet.
6.
Maximum lot coverage. Not more than forty percent
(40%) of the lot area shall be covered by the principal buildings
and accessory structures.
7.
Residential density. The density shall not exceed
eighteen (18.0) dwelling units per acre (DU/A).
8.
Protective screening. All exterior solid waste containers and container racks or stands for a multiple-family dwelling shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[R.O. 2009 §156.029; CC 1981 §30-31; Ord. No. 77-31, 7-5-1977; Ord. No. 92-302, 12-16-1992; Ord. No. 98-209, 5-15-1998; Ord. No. 10-74 §1, 4-22-2010; Ord.
No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "R-M" Manufactured/Modular Residential
District is to provide for well designed mobile home parks in areas
where public utilities are available and to establish basic standards
which will determine the character of this land use and its effect
on surrounding properties.
B.
Permitted Uses. A building or land in the "R-M" district
shall be used only for the following purposes:
1.
Mobile home parks.
2.
Public buildings, parks and open space.
3.
Places of worship.
4.
Public and private schools.
5.
Placement of a telecommunication antenna on an existing telecommunication
tower (co-location) where no expansion or enlargement of the existing
tower enclosure is required.
6.
Shipping container homes.
[Ord. No. 16-266 §3, 12-20-2016]
C.
Permitted Accessory Uses. The following accessory uses are
permitted in the "R-M" district:
1.
For mobile home parks. Management headquarters,
recreational facilities, community building including toilets, showers,
laundry facilities, vending machines and other uses and structures
customarily incidental to the operation of a mobile home park.
D.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "R-M" district:
3.
Minimum street frontage: 25 feet.
5.
Minimum setback requirements measured from the mobile home to the
lot line:
6.
Minimum distance between manufactured/ modular/mobile homes: 10 feet.
7.
Maximum lot coverage. Each mobile home dwelling,
including all accessory buildings, garages and porches, shall cover
no more than fifty percent (50%) of each dwelling site or lot.
8.
Public utilities.
a.
The mobile home park shall comply with all sanitary and other requirements
prescribed by law or regulation.
b.
All utility lines shall be underground including electrical wiring
and telephone lines.
c.
Each mobile home lot shall be provided with electrical outlets installed
in accordance with applicable codes and regulations.
d.
Each mobile home lot shall be provided with individual water and
sewer connections to public water and sewer systems.
9.
Mobile home park expansion. No existing mobile home
park shall be enlarged or extended:
10.
Protective screening. Mobile home parks shall be
surrounded by a landscaped or wooded strip of open space at least
twenty-five (25) feet wide along all exterior lot lines or street
frontages. The rear yard setback requirements may be used for partial
fulfillment of the protective screening requirements.
11.
Open space. Open space accessible to all mobile
home occupants and suitable for use as a recreational land area shall
be provided within the mobile home park at a ratio of three hundred
(300) square feet per mobile home lot with a minimum of seven thousand
five hundred (7,500) square feet per mobile home park.
13.
Mobile home park access and interior circulation.
a.
Access to the mobile home park or subdivision shall be from a collector
or arterial street.
b.
The number and location of access drives shall be controlled for
traffic safety and protection of surrounding properties.
c.
No individual lot shall have direct access to a street outside the
boundaries of the park.
d.
Interior access drives shall be properly lighted.
e.
Interior access drives and through or collector streets shall be
in compliance with the standards of the subdivision regulations. Installations
to discourage speeding through the park shall be approved by the Public
Works Department.
14.
Mobile home structures.
a.
All mobile homes shall be securely tied down. Tie downs shall meet
the specifications and requirements of the City and the State.
b.
It shall be the responsibility of the mobile home park owner or operator
to insure that the tie down regulation is complied with as provided
for by the City or State Statutes.
c.
Underskirting for all mobile homes shall be installed to completely
enclose all areas directly under the mobile home.
15.
Protective screening of solid waste facilities. All exterior solid waste containers and container racks or stands for any non-conforming use which is a permitted or conditional use in any multi-family, commercial or industrial district shall be screened from public view by an enclosure which complies with the requirements contained in Section 400.965(B)(4).
[R.O. 2009 §156.030; CC 1981 §30-32; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 85-46, 5-8-1985; Ord. No. 90-188, 7-18-1990; Ord.
No. 96-327, 11-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-113, 6-8-2001; Ord. No. 01-156, 7-19-2001; Ord.
No. 04-176, 8-4-2004; Ord. No. 06-357, 12-20-2006; Ord. No. 09-227, 12-10-2009; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §4, 2-4-2011; Ord.
No. 11-41 §1, 3-16-2011; Ord. No. 11-106 §1, 6-9-2011; Ord.
No. 12-165 §2, 9-28-2012; Ord. No. 12-231 §1, 12-6-2012]
A.
Purpose. The purpose of the "O-I" Office Institution District
is to provide for the development of certain low intensity business
and professional offices. The district will insure compatible uses
of commercial and adjacent residential districts by serving as a transitional
area, generating a light vehicular and pedestrian traffic flow.
B.
Permitted Uses. All uses in the "O-I" district are restricted
to low intensity, light traffic-generating businesses and offices
and for the following purposes:
1.
Uses permitted in any "R-1" or "R-2" district except single-family
or two-family residences.
2.
Accounting and auditing agencies.
3.
Banks and savings and loan associations without drive-up service.
4.
Congregate Care Facilities.
5.
Data processing centers.
6.
Day care facilities or adult day care facilities.
7.
Institutions, art galleries and museums.
8.
Insurance agencies and services.
9.
Investment agencies and services.
10.
Business, medical and professional offices.
11.
Public and governmental buildings and offices.
12.
Public and private libraries.
14.
Public parks and open spaces.
15.
Real estate agencies and services.
16.
Title companies.
17.
Institutions of higher education including classroom buildings, dormitories,
gymnasiums and other uses incidental to the operation of an institution
of higher education.
18.
Out-patient counseling services.
19.
Senior housing facilities, provided that such facilities are
offered on the same lot as a Congregate Care Facility as defined within
this Chapter.
[Ord. No. 15-069 §3, 4-21-2015]
C.
Accessory Uses. The following uses are permitted when associated
with and directly accessory to a permitted use:
D.
Conditional Uses.
1.
The following uses may be permitted in the "O-I" district as conditional
uses if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Boardinghouse.
b.
Halfway house subject to the following as may be modified through
the conditional use process:
(1)
One (1) parking space for every four (4) residents including
staff residents.
(2)
No exterior evidence of such use and no sign advertising the
use.
(3)
At the time of original approval, no facility shall be located
within five hundred (500) feet of another such facility, group living
arrangement, congregate care facility, day care home or facility,
residential district or use, hotel or motel, boardinghouse or guest
house. The City Council shall have the authority to waive this requirement
if the facilities are separated by a major thoroughfare, major waterway
or other comparable barrier.
(4)
The applicant shall demonstrate that there is no negative impact
property within five hundred (500) feet of the proposed facility.
(5)
The original permit shall be limited to a one (1) year period,
but may be renewed thereafter for two (2) year periods by the City
Council. Renewals may be granted only after a public hearing.
c.
Halfway house for juvenile offenders subject to the following as
may be modified through the conditional use process:
(1)
No exterior evidence of such use and no sign advertising the
use.
(2)
At the time of original approval, no facility shall be located
within five hundred (500) feet of another such facility, group living
arrangement, congregate care facility, day care home or facility,
residential district or use, hotel or motel, boardinghouse or guest
house. The City Council shall have the authority to waive this requirement
if the facilities are separated by a major thoroughfare, major waterway
or other comparable barrier.
(3)
The applicant shall demonstrate that there is no negative impact
property within five hundred (500) feet of the proposed facility.
(4)
The original permit shall be limited to a one (1) year period,
but may be renewed thereafter for two (2) year periods by the City
Council. Renewals may be granted only after a public hearing.
d.
Guest house.
e.
Fraternity or sorority houses.
f.
Telecommunication towers, antennas attached to structures, or placement
of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required.
g.
Warming and cooling centers when accessory to a church or other place
of worship. Occupancy limits for a warming and cooling center shall
be determined by the Building Code Official and Fire Marshal.
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
E.
Design Standards. (See Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "O-I" district:
1.
Minimum lot area: 7,500 square feet.
2.
Minimum lot width at the building line: 0.
3.
Minimum lot depth: 0.
4.
Maximum lot coverage: 40%.
5.
Maximum height of building: 2½ stories or 35 feet.
Maximum height of building may be increased to ten (10) stories
or one hundred forty (140) feet on a campus of an institution of higher
learning by the provision of an additional five (5) feet of setback
from all exterior property lines for each additional story and upon
review and approval by the Planning and Zoning Commission.
"GPRS" bonus:
All tiers: 3 stories or 45 feet, except when adjoining a residential
zoning district.
6.
Minimum setback requirements measured from building line to property
line:
a.
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b.
Side yard setback: 0, except 15 feet when adjoining residential zoning
district.
c.
Rear yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet, except when adjoining a residential zoning
district.
7.
Minimum floor area in square feet: None.
10.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b.
Where an "O-I" Zoning District adjoins a residential zoning district
or is located across a public street or alley from a residential zoning
district, a landscaped greenbelt at least fifteen (15) feet in width
shall be provided and maintained along the appropriate property line
by the users of the "O-I" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2½) inch caliper. Trees existing within any required
greenbelt at the time of installation and which are larger than two
and one-half (2½) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in a healthy growing condition and be neat and orderly in appearance.
The fifteen (15) foot greenbelt shall not be used for off-street parking
facilities or for loading spaces. Along the inner side (commercial
side) of the greenbelt, except when the greenbelt adjoins a public
street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
c.
Outdoor storage. All permitted and conditional uses
shall be conducted within a completely enclosed building with no open
storage.
11.
Landscaping. The required front yard shall be planted
with trees, shrubs or well-kept lawn.
[R.O. 2009 §156.031; Ord. No. 96-40, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord.
No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-84 §1, 5-24-2012; Ord. No. 12-244 §1, 12-19-2012]
A.
Purpose. The purpose of the "HCD" Historic Commercial District
is to provide for a low intensity restricted mixture of retail shopping,
personal service, residential and lodging uses on a comparatively
small scale and to preserve historic areas of Saint Charles for future
generations and for historic area residents while preserving the integrity
of historic areas. It seeks to encourage the growth of historic and
cultural activities and events, but discourages events or activities
that may misuse historic areas. It is intended to foster and complement
the community's tourist industry.
B.
Permitted Uses.
1.
Accounting and auditing agencies.
2.
Antique shops.
3.
Bakeries or bake shops.
4.
Banks, savings and loan associations, but not drive-in or outside
automatic teller machines.
5.
Barbershops, beauty parlors.
6.
Bicycle sales and repair shops.
7.
Custom dressmaking or tailoring shops.
8.
Data processing centers.
9.
Delicatessen businesses.
10.
Hobby shops or craft shops.
11.
Art galleries and museums.
12.
Insurance agencies and services.
13.
Investment agencies and services.
14.
Patio and garden shops, retail greenhouses.
15.
Professional offices exemplified by, but not limited to, those of
lawyers, doctors, architects and engineers.
16.
Shops for the sale, service or repair of home appliances, shoes,
jewelry, stereos, televisions and radios.
17.
Public or governmental offices.
18.
Public and private libraries.
19.
Public parks and open spaces.
20.
Real estate agencies and services.
21.
Restaurants, but not drive-in.
22.
Stores or shops for the conduct of retail business including the
sale of books, cards, carpets, clothing, drugs, fabrics, flowers,
food, furniture, garden supplies, gifts, groceries, hardware, home
appliances, jewelry, musical instruments and records, office supplies
and merchandise, optics, paint, shoes, sporting goods, stationery,
stereos, televisions and radios, tobacco and similar stores and shops.
23.
Specialty shops, boutiques, coffee shops and tea rooms.
24.
Travel bureaus and ticket offices.
25.
Studios for artists, photographers, teachers, sculptors, musicians
or graphic designers.
26.
Title companies.
27.
Single-family dwellings and apartments with a maximum density of
eighteen (18) units per acre.
28.
Bed and breakfast establishments, with each guest room having its
own independent bath facilities.
29.
Wineries.
30.
Printing, publishing and engraving.
31.
Placement of a telecommunication antenna on an existing telecommunication
tower (co-location) where no expansion or enlargement of the existing
tower enclosure is required.
C.
Conditional Uses.
1.
The following uses may be permitted in the "HC" district as a conditional
use, if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Parking lots not accessory to a principal structure and approved
through a site plan or parking lots for public use for compensation.
b.
Small manufacturing establishments which produce the following products
principally by hand or hand tools:
(1)
Horseshoes,
(2)
Blown glass,
(3)
Ceramics,
(4)
Lead glass,
(5)
Leather goods,
(6)
Woodworks,
(7)
Candles,
(8)
Wrought iron,
(9)
Wooden staved barrels,
(10)
Rope,
(11)
Hand tools,
(12)
Metal utensils,
(13)
Rugs,
(14)
Ice cream,
(15)
Candy,
(16)
Beer,
(17)
Wine,
(18)
Tobacco or similar products, and
(19)
Any manufacturing establishment regulated by license.
c.
Live performance theater, inside only.
d.
Auditorium or lecture hall.
e.
Multi-family dwellings with more than eighteen (18) units per acre.
f.
Telecommunication towers, antennas attached to structures, or placement
of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required. Telecommunication towers shall be located only on property
that is a non-residential use.
g.
Banquet centers and meetings facilities.
h.
Guest house.
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
D.
Design
Standards. The following design standards are required in the "HCD"
District:
[Ord. No. 17-151 § 2, 7-28-2017]
1.
Minimum lot area: 7,500 square feet.
2.
Minimum lot width at the building line: None.
3.
Minimum lot depth: None.
4.
Maximum height of building: 2½ stories or 35 feet.
6.
Maximum floor area: 5,000 square feet per establishment.
8.
9.
Metal clad buildings are prohibited.
10.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
b.
Where an "HC" district directly adjoins a residential zoning district
or is located across a public street or alley from a residential zoning
district, a landscaped greenbelt at least fifteen (15) feet in width
shall be provided and maintained along the appropriate property line
by the users of the "HC" district property. The open area shall be
planted with trees and shrubs. A minimum of one (1) tree shall be
planted per thirty (30) lineal feet or fraction thereof for any frontage
along a residential zoning district. Required trees shall be at least
two and one-half (2½) inch caliper. Trees existing within any
required greenbelt at the timeof installation and which are larger
than two and one-half (2½) inch caliper shall be preserved
and will count toward the minimum landscaping requirements. Newly
planted species shall be hardy for the specified area. All landscaping
shall be maintained in healthy growing condition and be neat and orderly
in appearance. The fifteen (15) foot greenbelt shall not be used for
off-street parking facilities or for loading space. Along the inner
side (the commercial property side) of the greenbelt, except when
the greenbelt adjoins a public street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
[R.O. 2009 §156.032; CC 1981 §30-33; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-188, 7-18-1990; Ord. No. 93-218, 9-22-1993; Ord.
No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-111, 6-8-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord.
No. 04-176, 8-4-2004; Ord. No. 05-319, 12-22-2005; Ord. No. 09-227, 12-10-2009; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §2, 6-9-2011]
A.
Purpose. The purpose of the "C-1" Neighborhood Business
District is to provide primarily for a restricted mixture of retail
shopping, personal service, and residential uses, on a comparatively
small scale, to be developed either as a unit or in individual parcels
and to serve the needs of a relatively small area, primarily nearby
residential neighborhoods.
B.
Permitted Uses. A building or land in the "C-1" district
shall be used only for the following purposes:
1.
One (1) dwelling unit may be permitted on the second (2nd) floor
or above.
2.
Accounting and auditing agencies.
3.
Antique shops with no outside display or storage.
4.
Bakeries or bake shops.
5.
Banks and savings and loan associations.
6.
Barber shops, beauty parlors and day spas. All persons practicing massage in a day spa shall be licensed pursuant to Chapter 660 of this Code.
7.
Bicycle sales and repair shops.
8.
Custom dressmaking or tailoring shops.
9.
Data processing centers.
10.
Day care facilities.
11.
Delicatessen businesses.
12.
Hobby shops or craft shops.
13.
Institutions, art galleries and museums.
14.
Insurance agencies and services.
15.
Investment agencies and services.
16.
Places of worship.
17.
Public and governmental buildings and offices.
18.
Public and private libraries.
19.
Public parks and open spaces.
20.
Real estate agencies and services.
21.
Restaurants, but not drive-in restaurants.
22.
Stores or shops for the conduct of retail business including sale
of books, carpets, clothing, drugs, fabrics, flowers, food, furniture,
gifts, garden supplies, groceries, hardware, musical instruments and
records, office supplies, paint, sporting goods, stationery, tobacco
and similar stores and shops.
23.
Studios for artists, photographers, teachers, sculptors or musicians.
24.
Temples and meeting facilities for fraternal, religious, masonic
and philanthropic clubs and organizations.
25.
Theaters, but not drive-in.
26.
Title companies.
27.
Neighborhood health and fitness center.
28.
Placement of a telecommunication antenna on an existing telecommunication
tower (co-location) where no expansion or enlargement of the existing
tower enclosure is required.
29.
Business, medical and professional offices.
C.
Conditional Uses.
1.
The following uses may be permitted in the "C-1" district as a conditional
use if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Any conditional use in the "O-I" Office Institution District unless
otherwise permitted by the "C-1" district.
b.
Small manufacturing establishment which produces the following products
principally by hand or hand tools:
c.
Temporary shelters subject to the following standards as may be modified
through the conditional use process:
(1)
An application for a conditional use permit for a temporary
shelter shall include information about the size and design of the
structure, population groups served, length of stay permitted, maximum
design capacity and support services provided. These items shall be
used to determine if the facility is in conformance with the character
of the adjacent area.
(2)
A temporary shelter shall not be located within one thousand
(1,000) feet of another temporary shelter.
(3)
The minimum lot area for a temporary shelter shall be seven
thousand five hundred (7,500) square feet. If a proposed temporary
shelter structure is larger than two thousand five hundred (2,500)
square feet of gross floor area, there shall be provided an additional
one thousand five hundred (1,500) square feet of lot area for each
additional five hundred (500) square feet of gross floor area within
the structure.
(4)
The shelter shall submit a semi-annual report to the Department
of Community Development stating maximum monthly occupancy level and
support services provided by the shelter.
d.
Garages for public parking.
e.
Bed and breakfast establishments.
f.
Nurseries for growing plants, trees, shrubs.
g.
Parking lots or garages not accessory to a principal structure and
approved through a site plan or parking lots or garages for public
use for compensation.
h.
Any of the uses listed as permitted, which are greater in height
than two and one-half (2½) stories or thirty-five (35) feet
and/or greater than three thousand (3,000) square feet of maximum
floor area per establishment.
i.
Pet adoption centers with no more than one (1) open pen or run at
least three hundred (300) feet from a residential district. The City
Council shall impose any conditions it deems appropriate for protection
of adjoining properties from noise and odor which may include, but
are not limited to, requiring berms, walls, plantings.
j.
Hospitals or clinics for small animals, dogs, cats, birds and the
like; provided that such hospital or clinic and any treatment rooms,
cages, pens or kennels be maintained within a completely enclosed,
sound-proof building and that such hospital or clinic be operated
in such a way as to produce no objectionable noise or odors outside
its walls.
k.
Laundromats or self-service dry cleaning establishments, laundries
and dry cleaning or pressing pickup stations. No cleaning fluid considered
hazardous, in the judgment of the Fire Chief, shall be used.
l.
Pet shops or dog beauty parlors; provided that any work rooms, cages,
pens or kennels be maintained within a completely enclosed, sound-proof
building and that such shop or parlor be operated in such a way as
to produce no objectionable noises or odors outside its walls.
m.
In-vehicle sales or service.
Description. In-vehicle sales and service land
uses include all land uses which perform sales and/or services to
persons in vehicles or to vehicles which may be occupied at the time
of such activity. Such land uses often have traffic volumes which
exhibit their highest levels concurrent with peak traffic flows on
adjacent roads. Examples of such land uses include drive-in, drive-up
and drive-through facilities, vehicular fuel stations and all forms
of car washes.
(1)
Conditional use regulations.
(a)
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
(b)
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement or exacerbate
the potential for pedestrian/vehicular conflicts.
(c)
In no instance shall a drive-through facility be permitted to
operate which endangers the public safety, even if such land use has
been permitted under the provisions of this Section.
(d)
The setback of any overhead canopy or similar structure shall
be a minimum of ten (10) feet from all street rights-of-way lines,
a minimum of twenty (20) feet from all residentially zoned property
lines and shall be a minimum of five (5) feet from all other property
lines. The total height of any overhead canopy or similar structure
shall not exceed twenty (20) feet as measured to the highest part
of the structure. The setback requirements may be recommended for
modification by the Planning and Zoning Commission and modified by
the City Council where it is found that due to pre-existing circumstances
the provision of said setback will cause an undue burden on the ability
to effectively use the property.
(e)
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four (4) ton axle load.
(f)
Facility shall provide a minimum six (6) foot high solid, earthtone
color vinyl fence with a combination of shrubs (eighteen (18) inches
to twenty-four (24) inches tall or three (3) feet to four (4) feet
wide at the time of planting), understory trees (six (6) feet to eight
(8) feet tall at the time of planting) and canopy trees (two and one-half
(2½) inches to three (3) inches caliper at the time of planting)
as recommended by the Planning and Zoning Commission and approved
by the City Council along all borders of the property directly abutting
a residentially zoned property. These requirements may be recommended
for modification by the Planning and Zoning Commission and modified
by the City Council where it is found that due to pre-existing circumstances
the provision of the setback will cause an undue burden on the ability
to effectively use the property.
(g)
Interior curbs shall be used to separate driving area from exterior
fixtures such as fuel pumps, vacuums, menu boards, canopy supports
and landscaped islands. The curbs shall be a minimum of six (6) inches
high and be of a non-mountable design. No curb protecting an exterior
fixture shall be located closer than twenty-five (25) feet to any
property line. The setback requirements may be recommended for modification
by the Planning and Zoning Commission and modified by the City Council
where it is found that due to pre-existing circumstances the provision
of the setback will cause an undue burden on the ability to effectively
use the property.
(h)
Outdoor storage uses (including the outdoor storage of vehicles
or vehicles for sale) shall be prohibited on the same property.
n.
Vacant lots at least one (1) acre in size may be utilized for cultivation
of field crops, orchards or groves or nurseries for growing or propagation
of plants, turf, trees and shrubs.
o.
Temporary enclosures.
[Ord. No. 15-040 §2 2-17-2015]
p.
Community service establishment.
[Ord. No. 17-072 § 2, 4-18-2017]
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
D.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "C-1" district:
1.
Minimum lot area: 7,500 square feet.
2.
Minimum lot width at the building line: None.
3.
Minimum lot depth: None.
4.
Maximum height of building: 2½ stories or 35 feet.
"GPRS" bonus:
All tiers: 3 stories or 45 feet, except when adjoining a residential
zoning district.
5.
Minimum setback requirements measured from the building line to the
property line:
6.
Maximum floor area: 3,000 square feet per establishment.
"GPRS" bonus:
Tiers 1 and 2: 4,500 square feet.
Tier 3: 6,000 square feet.
9.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b.
Where a "C-1" zoning district directly adjoins a residential zoning
district or is located across a public street or alley from a residential
zoning district, a landscaped greenbelt at least fifteen (15) feet
in width shall be provided and maintained along the appropriate property
line by the users of the "C-1" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2½) inch caliper. Trees existing within any required
greenbelt at the time of installation and which are larger than two
and one-half (2½) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in a healthy growing condition and be neat and orderly in appearance.
The fifteen (15) foot greenbelt shall not be used for off-street parking
facilities or for loading spaces. Along the inner side (the commercial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
c.
Outdoor storage. All permitted and conditional uses
shall be conducted within a completely enclosed building with no open
storage.
[R.O. 2009 §156.033; CC 1981 §30-34; Ord. No. 77-31, 7-5-1977; Ord. No. 79-38, 5-2-1979; Ord. No. 79-85, 8-29-1979; Ord. No. 82-29, 4-21-1982; Ord.
No. 89-36, 2-23-1989; Ord. No. 90-188, 7-18-1990; Ord. No. 91-115, 6-4-1991; Ord. No. 94-230, 9-7-1994; Ord. No. 96-46, 2-21-1996; Ord.
No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-288, 8-17-1999; Ord. No. 00-78, 4-5-2000; Ord.
No. 01-71, 4-18-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 04-176, 8-4-2004; Ord. No. 05-65, 3-7-2005; Ord.
No. 06-273, 9-27-2006; Ord. No. 06-357, 12-20-2006; Ord. No. 08-123, 6-18-2008; Ord. No. 09-47, 3-20-2009; Ord. No. 09-227, 12-10-2009; Ord. No. 10-115 §1, 6-9-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §3, 6-9-2011]
A.
Purpose. The purpose of the "C-2" General Business District
is to provide sufficient space in appropriate locations for a variety
of commercial and service activities generally serving a wide area
and located particularly along certain existing major thoroughfares
where a general mixture of commercial and service activity now exists,
but which uses are not characterized by warehousing, frequent heavy
trucking activity, open storage of material or the nuisance factors
of dust, odor and noise associated with manufacturing.
B.
Permitted Uses. A building or land in a "C-2" district shall
be used only for the following purposes:
1.
Any use permitted in the "O-I" Office Institution District or "C-1"
Neighborhood Business District.
2.
One (1) dwelling unit is permitted above the first (1st) floor.
3.
Ambulance services, public or private.
4.
Amusement places including dance halls, subject to applicable City
regulations, arcades and similar activities.
5.
Archery ranges, provided that such range is approved by the Chief
of Police.
6.
Auto parts store for sale of auto accessories and parts; outside
storage shall be prohibited.
7.
Bowling alleys.
8.
Building contractor establishment; outside storage shall be prohibited.
9.
Bus stations.
10.
Catering establishments.
11.
Clothing stores and costume rental stores.
12.
Department and discount stores, provided an associated storage/warehouse
area utilizes not more than forty percent (40%) of the gross floor
area.
13.
Exterminators; outside storage of chemicals shall be prohibited.
14.
Furniture and large appliance stores, provided an associated storage/warehouse
area utilizes not more than forty percent (40%) of the gross floor
area.
15.
Golf driving ranges.
16.
Gymnasiums, fitness centers and health spas.
17.
Hotels, motels or motor lodges, bed and breakfast establishments
and inns.
18.
Mortician business or mortuary.
19.
Office or business machines, sale, service or rental.
20.
Patio, garden shops and retail greenhouse.
21.
Printing, publishing and engraving establishments limited to five
thousand (5,000) square feet of floor area.
22.
Recreational activities including skating rinks, swimming pools,
miniature golf and similar activities.
23.
Restaurants.
24.
Theaters, but not drive-in theaters, auditoriums, lecture halls.
25.
Wholesale establishments with warehousing comprising not more than
forty percent (40%) of the gross floor area per establishment.
26.
Laundry, dyeing and dry cleaning establishments are permitted, provided
that all business of such an establishment is conducted inside the
building (except for drive-up windows) and that no odors, dust or
unreasonable noises are admitted the surrounding area and that only
non-flammable chemicals are used and that such an establishment is
approved by the Fire Department.
27.
Photographic or blueprint processing, provided that said premises
used for these purposes does not exceed five thousand (5,000) square
feet.
28.
Plumbing, heating and air-conditioning shop, upholstering shop (not
involving furniture manufacture), appliance repairs and general service
and repair establishments similar in character to those listed in
this item. No outside storage of material is permitted.
29.
Equipment rental and leasing services including lawn mower, yard
and garden equipment, trailers (not mobile homes) and other such items,
provided storage is within a completely enclosed building unless otherwise
allowed through the conditional use process.
30.
Banquet centers and meeting facilities.
31.
Schools for industrial training, trade or business.
32.
Retail establishments not otherwise requiring conditional use permit
approval where twenty-five percent (25%) or less of inventory is secondhand,
used or consignment goods.
33.
Motor vehicle service and repair, motor vehicle body and fender repair
and motor vehicle spray painting when located in a building that was
designed and constructed for such uses. Permitted uses shall include
all uses which perform maintenance and repair service to motor vehicles
of any type. All operations, including equipment, materials and damaged
motor vehicles, shall be contained within an enclosed building unless
performed behind a screened area as provided in Subsection (D)(10)(b)
below. Wrecked, disabled or inoperable motor vehicles shall not be
stored anywhere on the property for more than thirty (30) days. Examples
of permitted uses are tire repair and replacement, motor vehicle engine
repair, muffler shops, body shops and motor vehicle paint shops.
C.
Conditional Uses.
1.
The following uses may be permitted in the "C-2" district as conditional
uses if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Any conditional use permitted in the "C-1" Neighborhood Business
District unless otherwise permitted by the "C-2" district.
b.
Painting shop.
c.
Lumber and building materials store, but not a lumberyard.
d.
Mortuary and monument sales establishments with outdoor storage or
display.
e.
Motor vehicle service and repair, motor vehicle body and fender repair
and motor vehicle spray painting when located in a building that was
designed and constructed for any other purpose. Conditional uses shall
include all uses which perform maintenance and repair service to motor
vehicles of any type. All operations, including equipment, materials
and damaged motor vehicles, shall be contained within an enclosed
building unless performed behind a screened area as provided in Subsection
(D)(10)(b) below. Wrecked, disabled or inoperable motor vehicles shall
not be stored anywhere on the property for more than thirty (30) days.
Examples of conditional uses are tire repair and replacement, motor
vehicle engine repair, muffler shops, body shops and motor vehicle
paint shops.
(1)
Conditional use regulations.
(a)
The setback of any overhead canopy or similar structure shall
be a minimum of ten (10) feet from all street rights-of-way lines,
a minimum of twenty (20) feet from all residentially zoned property
lines and shall be a minimum of five (5) feet from all other property
lines. The total height of any overhead canopy or similar structure
shall not exceed twenty (20) feet as measured to the highest part
of the structure. The setback requirements may be recommended for
modification by the Planning and Zoning Commission and modified by
the City Council where it is found that due to pre-existing circumstances
the provision of said setback will cause an undue burden on the ability
to effectively use the property.
(b)
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four (4) ton axle load.
(c)
Facility shall provide a minimum six (6) foot high solid, earthtone
color vinyl fence with a combination of shrubs (eighteen (18) inches
to twenty-four (24) inches tall or three (3) feet to four (4) feet
wide at the time of planting), understory trees (six (6) feet to eight
(8) feet tall at the time of planting) and canopy trees (two and one-half
(2½) inches to three (3) inches caliper at the time of planting)
as recommended by the Planning and Zoning Commission and approved
by the City Council along all borders of the property directly abutting
a residentially zoned property. These requirements may be recommended
for modification by the Planning and Zoning Commission and modified
by the City Council where it is found that due to pre-existing circumstances
the provision of the setback will cause an undue burden on the ability
to effectively use the property.
f.
Parking lots or garages not accessory to a principal structure and
approved through a site plan or parking lots or garages for public
use for compensation.
h.
Taverns, bars, cocktail lounges, microbrewery.
(1)
Conditional use regulations. Due to the potential
negative secondary effects of the location and operations of establishments
that predominantly sell intoxicating beverages, the City Council may
place additional regulations on a tavern, bar, cocktail lounge or
microbrewery to reduce or eliminate these effects.
i.
Indoor firearm ranges.
(1)
Conditional use regulations.
(a)
An indoor firearm range facility must be designed to offer a
completely controlled shooting environment that includes impenetrable
walls, floor and ceiling, adequate ventilation and lighting systems
and acoustical treatment for sound attenuation suitable for the range's
approved use.
(b)
Noise levels at the nearest residential property line to an
indoor firearm range shall not exceed thirty-five (35) decibels.
(c)
Noise levels at the nearest commercial property line to an indoor
firearm range shall not exceed forty-five (45) decibels.
(d)
An indoor firearm range shall not operate between the hours
of 10:00 P.M. and 7:00 A.M.
(e)
An indoor firearm range must be authorized in writing by the
Chief of Police and Building Code Official.
(f)
The construction and operation of an indoor firearm range must
comply with all State and Federal regulations.
j.
Motor vehicle sales and rentals, new and used and temporary motor
vehicle storage.
k.
Taxicab stations and stands.
l.
Taxidermy.
[Ord. No. 14-113 §1, 5-20-2014]
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
D.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "C-2" district:
1.
Minimum lot area: 10,000 square feet.
2.
Minimum lot width at the building line: None.
3.
Minimum lot depth: None.
4.
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining a residential
zoning district
5.
Minimum setbacks measured from building line to property line:
a.
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b.
Side yard setback: None, except 20 feet when abutting a residential
district.
"GPRS" bonus:
All tiers: None, except 20 feet when abutting a residential
district.
c.
Rear yard setback: None, except twenty (20) feet when abutting a
residential district.
"GPRS" bonus:
All tiers: None, except twenty (20) feet when abutting a residential
district.
6.
Maximum floor area in square feet: None.
9.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b.
Where a "C-2" zoning district directly adjoins a residential zoning
district or is located across a public street or alley from a residential
zoning district, a landscaped greenbelt at least twenty (20) feet
in width shall be provided and maintained along the appropriate property
line by the users of the "C-2" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2½) inch caliper. Trees existing within any required
greenbelt at the time of installation and which are larger than two
and one-half (2½) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in a healthy growing condition and be neat and orderly in appearance.
The twenty (20) foot greenbelt shall not be used for off-street parking
facilities or for loading spaces. Along the inner side (the commercial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
c.
Outdoor storage. All permitted and conditional uses
shall be conducted within a completely enclosed building with no open
storage, unless screened from the street, adjacent properties or any
residential district by fences or walls as approved by the Planning
and Zoning Commission.
[R.O. 2009 §156.034; CC 1981 §30-35; Ord. No. 77-31, 7-5-1977; Ord. No.
82-29, 4-20-1982; Ord. No. 88-252, 12-22-1988; Ord. No. 90-188, 7-18-1990; Ord. No. 98-209, 5-15-1998; Ord. No. 99-288, 8-17-1999; Ord.
No. 00-78, 4-5-2000; Ord. No. 01-71, 4-18-2001; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord. No. 03-64, 3-28-2003; Ord.
No. 04-176, 8-4-2004; Ord. No. 08-123, 6-18-2008; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §4, 6-9-2011]
A.
Purpose. The "C-3" Highway Business District is intended
to be one which permits all types of commercial activity: retailing,
wholesaling, warehousing, provision of personal and business services
and entertainment.
B.
Permitted Uses. A building or land in the "C-3" district
shall be used only for the following purposes:
1.
Any use permitted in the "C-2" General Business District.
2.
Animal hospital or kennel with any open pens at least two hundred
(200) feet from a residential district.
3.
Painting shops and bottling works.
4.
Lumber and building materials stores, but not a lumberyard.
5.
Mini-warehouses including living quarters or dwellings for resident
watchmen and caretakers employed on the premises.
6.
Mortuary and monument sales establishments with or without outdoor
storage or display.
7.
Nurseries for growing plants, trees, shrubs.
8.
Printing, publishing and engraving establishments.
9.
Wholesale establishment, truck terminal or warehouse not in excess
of fifteen thousand (15,000) square feet of floor area.
10.
Radio and television stations and studios or recording studios, subject to the provisions of Section 400.470.
11.
Retail establishments with eight thousand (8,000) square feet or
less with either secondhand, used or consignment inventory. Retail
establishments greater than eight thousand (8,000) square feet provided
twenty-five percent (25%) or less of inventory is secondhand, used
or consignment goods.
C.
Conditional Uses.
1.
The following uses may be permitted in the "C-3" District as a conditional
use if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Any conditional use permitted in the "C-2" district unless permitted
by the "C-3" district.
b.
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer
in tanks or in a completely enclosed building associated with a retail
business, but not manufacturing or processing.
c.
Material storage yards, in connection with a permitted use, where
storage is incidental to the approved occupancy of the building, provided
all products and materials used or stored are enclosed by a masonry
wall, sight-proof fence or hedge not less than six (6) feet in height.
Storage of motor vehicles and trucks used in connection with the permitted
trade or business is permitted within the walls or screen, but not
including storage of heavy equipment, such as road building or excavating
equipment.
d.
Sale or storage of stone products, sand and gravel, but not crushing
or grinding.
e.
Welding or soldering shops.
f.
Agricultural or farm implements for sale, storage or repair.
g.
Boat and boat trailer, repair, sales and storage.
h.
Mobile home sales, display and storage or sales, display and storage
of travel trailers and campers, provided that all units shall be in
usable condition, none shall be placed in a required front yard, the
minimum parcel area shall be one-half (½) acre, the storage
area shall be separated from the display areas by a continuous visual
screen with a minimum height of eight (8) feet, such screen consisting
of a compact evergreen hedge or foliage screening or louvered fence
or masonry wall.
i.
Truck stop.
j.
Bus terminal.
k.
More than one (1) dwelling unit above the ground floor up to a maximum
of eighteen (18) units per acre.
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
D.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "C-3" district:
1.
Minimum lot area: 10,000 square feet.
2.
Minimum lot width at the building line: None.
3.
Minimum lot depth: None.
4.
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining residential
zoning district.
5.
Minimum setback requirements measured from building line to property
line:
a.
Front yard setback: 25 feet.
"GPRS" bonus:
Tiers 1 and 2: 20 feet.
Tier 3: 15 feet.
b.
Side yard setback: None, except 25 feet when abutting a residential
district.
"GPRS" bonus:
All tiers: None, except 25 feet when abutting a residential
district.
c.
Rear yard setback: None, except 25 feet when abutting a residential
district.
"GPRS" bonus:
All tiers: None, except 25 feet when abutting a residential
district.
6.
Maximum floor area in square feet: None.
9.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b.
Where a "C-3" zoning district directly adjoins a residential zoning
district or is located across a public street or alley from a residential
zoning district, a landscaped greenbelt at least twenty-five (25)
feet in width shall be provided and maintained along the appropriate
property line by the users of the "C-3" property. The open area shall
be planted with trees and shrubs. A minimum of one (1) tree shall
be planted per thirty (30) lineal feet or fraction thereof for any
frontage along a residential zoning district.
Required trees shall be at least two and one-half (2½)
inch caliper. Trees existing within any required greenbelt at the
time of installation and which are larger than two and one-half (2½)
inch caliper shall be preserved and will count toward the minimum
landscaping requirements. Newly planted species shall be hardy for
the specified area. All landscaping shall be maintained in a healthy
growing condition and be neat and orderly in appearance. The twenty-five
(25) foot greenbelt shall not be used for off-street parking facilities
or for loading spaces. Along the inner side (the commercial property
side) of the greenbelt, except when the greenbelt adjoins a public
street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
c.
Outdoor storage. All permitted and conditional uses
shall be conducted within a completely enclosed building with no open
storage, unless screened from the street, adjacent properties or any
residential district by fences or walls as approved by the Planning
and Zoning Commission.
[R.O. 2009 §156.035; CC 1981 §30-37; Ord. No. 77-31, 7-5-1977; Ord. No. 77-56, 10-26-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-163, 6-21-1990; Ord.
No. 90-188, 7-18-1990; Ord. No. 91-26, 2-7-1991; Ord. No. 93-26, 2-26-1993; Ord. No. 93-129, 6-9-1993; Ord. No. 95-280, 10-18-1995; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 02-130, 5-28-2002; Ord.
No. 04-176, 8-4-2004; Ord. No. 04-216, 9-10-2004; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §5, 6-9-2011; Ord. No. 12-245 §1, 12-19-2012]
A.
Purpose. The purpose of the "I-1" Light Industrial District
is to provide sufficient space in appropriate locations for certain
types of business and manufacturing, relatively free from offense,
on modern landscaped buildings sites, and to make available more attractive
locations for these businesses and industries. In order to preserve
the land for industry and to avoid future conflicts between industry
and residence, future residential uses are restricted.
B.
Permitted Uses. A building or land in the "I-1" district
shall be used only for the following purposes:
1.
Any use permitted in the "C-1", "C-2" and "C-3" districts, except
dwellings other than permitted below.
2.
Light manufacturing uses similar to those listed below, which do
not create any more danger to health and safety in surrounding areas
and which do not create any more offensive noise, vibration, dust,
smoke, lint, odor, heat or glare than that which is generally associated
with light industries of the types specifically permitted below:
a.
Manufacture or assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games and
electrical or electronic apparatus.
b.
Manufacture or assembly of boats, bolts, nuts, screws, rivets, ornamental
iron products, firearms, electrical appliances, tools, dies, machinery
and hardware products, sheet metal products and vitreous enameled
metal products.
c.
Beverage blending or bottling, bakery products, candy manufacture,
dairy products and ice cream, fruit and vegetable processing and canning,
but not distilling of beverages or slaughtering of poultry or animals,
or processing or bulk storage of grain or feeds for animals or poultry.
d.
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery,
clothing and fabrics, printing and finishing of textiles and fibers
into fabric goods.
e.
Manufacture of boxes, furniture, cabinets, baskets and other wood
products of similar nature.
f.
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
3.
Greenhouses, commercial, wholesale or retail.
4.
Laboratories, research, experimental or testing, but not testing
combustion engines or explosives.
5.
Lumberyards, but not including planing and millwork.
6.
Office and office buildings.
7.
Photographic or blueprint processing.
8.
Radio or television station with receiving-transmission tower.
9.
Railroad spur tracks.
10.
Outside storage of goods used in or produced by permitted commercial
and industrial uses or related activities, subject to industrial performance
standards.
11.
Truck terminal.
12.
Welding or soldering shops.
13.
Wholesale merchandising or storage warehouses.
14.
Dwellings for resident watchmen and caretakers employed on the premises.
15.
Recycle operation for paper, glass, oil, metal but not salvage.
16.
Aluminum extrusion, rolling, fabrication and forming.
17.
Crematoria (cremation facilities), subject to meeting all requirements
of State licensing regulations regarding cremation facilities and
regarding clean air requirements.
18.
Establishments for the rent, sale and repair of heavy machinery.
19.
Food lockers, freezers, cold storage facilities.
20.
Shipping container structures subject to site plan approval
by the Planning and Zoning Commission.
[Ord. No. 16-266 §4, 12-20-2016]
C.
Conditional Uses.
1.
The following uses may be permitted in the "I-1" district as conditional
uses if approved by the City Council following recommendation by the
Planning and Zoning Commission:
a.
Any conditional use listed in the "C-3" district unless permitted
by the "I-1" district.
b.
Recreational facilities primarily for employees in the district.
c.
Temporary shelters.
d.
Recreational vehicle campgrounds.
e.
The preparation of general purpose industrial commercial and household
cleaning products and related chemicals (blending only).
f.
Towing companies and impound lots.
g.
Fertilizer storage in bags or bulk storage of liquid or dry
fertilizer in tanks or in a completely enclosed building, but not
manufacturing or processing.
[Ord. No. 15-038 §1, 2-17-2015]
2.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
D.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "I-1" district:
1.
Minimum lot area: 1 acre.
2.
Minimum lot width at the building line: 150 feet.
3.
Minimum lot depth: 200 feet.
4.
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining a residential
district.
5.
Minimum setbacks measured from building line to property line:
a.
No part of any building, accessory structure or sign shall be located
closer than one hundred (100) feet to any residential district boundary.
"GPRS" bonus:
All tiers: No part of any building, accessory structure or signs
shall be located closer than 75 feet to any residential district boundary.
b.
The front yard setback is thirty-five (35) feet, except fifty (50)
feet across street from residential district.
"GPRS" bonus:
Tiers 1 and 2: 30 feet.
Tier 3: 25 feet, except 50 feet across street from residential
district.
c.
The side yard setback is twenty-five (25) feet, except fifty (50)
feet adjoining residential district.
"GPRS" bonus:
All tiers: 20 feet, except 50 feet when abutting a residential
district.
d.
The rear yard setback is thirty (30) feet, except fifty (50) feet
adjoining residential district.
"GPRS" bonus:
All tiers: 25 feet, except 50 feet when abutting a residential
district.
6.
Maximum lot coverage: None.
7.
Maximum floor area in square feet: None.
10.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
b.
Where an "I-1" zoning district directly adjoins a residential zoning
district or is located across a public street or alley from a residential
zoning district, a landscaped greenbelt at least fifty (50) feet in
width shall be provided and maintained along the appropriate property
line by the users of the "I-1" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2½) inch caliper. Trees existing within any required
greenbelt at the time of installation and which are larger than two
and one-half (2½) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in a healthy growing condition and be neat and orderly in appearance.
The fifty (50) foot greenbelt shall not be used for off-street parking
facilities or for loading spaces. Along the inner side (the industrial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge of foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
11.
Landscaping. The required front, side and rear yards
shall be planted with trees and shrubs.
E.
Industrial Performance Standards.
1.
Compliance with standards. Any use or proposed use
shall be operated so as to comply with the provisions of this Chapter.
If it is deemed necessary by the Building Commissioner in order to
determine compliance with these standards by any proposed or expansion
of industry, the Commissioner may require any person, firm or corporation
to retain an expert consultant or consultants to study and report
as to compliance or non-compliance with these performance standards
and to advise how a proposed use or proposed expansion of a use can
be brought into compliance with these performance standards. Such
consultants shall be fully qualified to give the required information
and shall be persons or firms mutually agreeable to the Building Commissioner
and to the persons or firms of the use in question. In the event of
inability to select a mutual consultant, the Planning and Zoning Commission
shall select the consultant. The cost of the consultant's services
shall be borne by the owner, firm or corporation requesting such use.
No use lawfully established before October 25, 1977, shall be hereafter
altered or modified so as to conflict with or further conflict with
these performance standards.
2.
Outdoor storage. All permitted and conditional uses
shall be conducted within a completely enclosed building with no open
storage of raw, in process, or finished material, and supplies or
waste material, or finished or semi-finished products manufactured
on the premises, unless screened from the street, or any residential
or business district by fences or walls in accordance with these district
regulations.
3.
Noise. At no point on the boundary of a residential
or business district shall the sound intensity level of any individual
operation or plant (other than the operation of motor vehicles or
other transportation facilities) exceed the decibel levels in the
designated octave bands shown in the following table:
|
Maximum Permitted Sound Levels (decibels)
| |||
|---|---|---|---|
|
Octave Band Frequency (cycles per second)
|
Along Residential District Boundaries
|
Along Business District Boundaries
| |
|
0 to 75
|
67
|
75
| |
|
75 to 150
|
65
|
70
| |
|
150 to 300
|
59
|
63
| |
|
300 to 600
|
52
|
57
| |
|
600 to 1,200
|
46
|
52
| |
|
1,200 to 2,400
|
40
|
45
| |
|
2,400 to 4,800
|
34
|
40
| |
|
Above 4,800
|
32
|
38
| |
|
Note: Measurement is to be made at the boundary of the nearest
residential or business area or at any other point along the boundary
where the level is higher.
| |||
|
|
Sound levels shall be measured with a sound level meter and
associated octave band filter manufactured according to standards
prescribed by the American Standards Association. Measurements shall
be made using the flat network of the sound level meter. Impulsive
type noises shall be subject to the performance standards hereinafter
prescribed, provided that such noises are capable of being accurately
measured with such equipment. Noises capable of being so measured,
for the purpose of this Chapter, shall be those noises which cause
rapid fluctuations of the needle of the sound level meter with a variation
of no more than plus or minus two (±2) decibels. Noises incapable
of being so measured, such as those of an irregular and intermittent
nature, should be controlled so as not to become a nuisance to adjacent
uses.
|
4.
Smoke and particulate matter. The emission of smoke,
dusts or any gaseous or particulate matter by any building in an amount
sufficient to create a general nuisance to adjoining properties shall
be prohibited. Total emission of smoke, dusts and any gaseous or particulate
matter shall be limited to the following:
a.
Ringelmann requirements. All smoke and the emission
of all other particulate matter in quantities sufficient to produce
an opacity at any point greater than Ringelmann 3 shall be prohibited.
The only exception shall be a plume consisting entirely of condensed
steam. A Ringelmann 1 unit is defined as twenty percent (20%) density
for one (1) minute. No more than fifteen (15) units of Ringelmann
smoke shall be permitted per hour and no smoke more intense than Ringelmann
2, except that during one (1) hour of a twenty-four (24) hour day,
thirty (30) units of smoke may be emitted, but with no smoke more
intense than Ringelmann 3 as shown on the Ringelmann Chart.
b.
The emission, from all sources within any lot area, of particulate
matter containing more than ten percent (10%) by weight, of particles
having a particulate diameter larger than forty-four (44) microns,
shall be prohibited.
c.
Dust and other types of air pollution, borne by the wind from such
sources as storage areas, yards, roads and the like within lot boundaries,
shall be kept to a minimum by appropriate landscaping, paving, oiling,
fencing or acceptable means. Emission of particulate matter from such
sources in excess of the weight limitation herein specified shall
be prohibited.
5.
Odors. No odor shall be emitted by any use permitted
in this district in such quantities as to be readily detectable by
an average observer at any point on the boundary line of the premises
or beyond.
6.
Noxious gases. Processes and operations of permitted
uses capable of dispersing gases or toxic particulates into the atmosphere
must be hooded or otherwise suitably enclosed. The emission of such
toxic gases or particulate matter shall be from a stack.
7.
Glare and heat. Operation producing intense light
and heat shall be performed within an enclosed building and not be
visible beyond any lot line bounding the property whereon the use
is conducted.
8.
Vibration. Any operation or activity which shall
cause at any time and at any point beyond the boundaries of the lot,
earth-borne vibrations, other than background vibrations produced
by some source not under control of this Chapter, such as the operations
of motor vehicles or other transportation facilities, in excess of
the limits set forth in Column I of the table below shall be prohibited.
In addition, any operation or activity which shall cause at any time
and at any point in a residence district earth-borne vibrations in
excess of the limits set forth in Column II of the table below shall
be prohibited. Vibration shall be expressed as displacement in inches
and shall be measured with a three (3) component measuring system
approved by the Building Commissioner.
|
Frequency (cycles per second)
|
I
Displacement
(inches)
|
II
Displacement
(inches)
| |
|---|---|---|---|
|
0 to 10
|
.0008
|
.0004
| |
|
10 to 20
|
.0005
|
.0002
| |
|
20 to 30
|
.0002
|
.0001
| |
|
30 to 40
|
.0002
|
.0001
| |
|
40 to over
|
.0001
|
.0001
| |
|
Note: Impact vibrations which are discrete pulses that do not
exceed one hundred (100) impulses per minute shall be permitted twice
the displacements shown above in Columns I and II.
| |||
[R.O. 2009 §156.036; CC 1981 §30-38; Ord. No. 77-31, 7-5-1977; Ord. No. 82-29, 4-21-1982; Ord. No. 90-163, 6-21-1990; Ord. No. 90-188, 7-18-1990; Ord.
No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 04-176, 8-4-2004; Ord. No. 09-227, 12-10-2009; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-106 §6, 6-9-2011; Ord.
No. 13-116 §2, 6-20-2013]
A.
Purpose. The purpose of the "I-2" Heavy Industrial District
is to provide for a wide variety of manufacturing, fabricating, processing,
wholesale distributing and warehousing uses appropriately located
for access by major thoroughfares or railroads, to restrict or prohibit
those industries which have characteristics likely to produce serious
adverse effects within or beyond the limits of the district. Certain
potentially hazardous industries are permitted only after public hearings
and review to assure protection of the public interest and surrounding
property and persons. Commercial uses and open storage of materials
are permitted, but new residential development is excluded.
B.
Permitted Uses. A building or land in the "I-2" district
shall be used only for the following purposes. Where any doubt exists
as to the nature of a proposed use, product or process, the proposal
shall be considered as a potentially hazardous use and referred to
the Board of Adjustment for decision after a public hearing.
1.
Any permitted use in the "I-1" Light Industrial District.
2.
Manufacture or assembly of the following products:
a.
Abrasive wheels or stones, abrasive paper, cloth and related products.
b.
Agricultural or farm implements.
c.
Aircraft and aircraft parts.
d.
Foundry products.
e.
Excelsior, wood fiber.
f.
Ice manufacture.
g.
Insecticides, fungicides, disinfectants and related industrial and
household chemical elements (blending only).
h.
Leather goods, not including tanning operations.
i.
Pottery and figurines or similar ceramic products and kilns fired
by electricity or gas only.
j.
Pulp goods, pressed or molded, including paper mache products, paper
products, but not manufacture of paper.
k.
Monuments and architectural stone.
l.
Rubber products and rubber and synthetic fabrics, excluding all rubber
and synthetic processing.
m.
Structural iron and steel fabrication.
n.
Wall board and plaster, building insulation and composition flooring.
o.
Wire rope and cable.
p.
Wood chip and fiberboard.
3.
Flour, grain and feed storage, blending and packaging, but not milling.
4.
Blacksmith shops.
5.
Indoor and outdoor storage and sales of building materials (cement,
lime in bags or containers, sand, gravel, stone, lumber, structural
or reinforcing steel, pipe and the like), but not manufacture or steel
fabricating or junk storage.
6.
Cleaning and dyeing of garments, hats, carpets and rugs.
7.
Coal and wood yards, coke storage and sales.
8.
Exterminating establishment.
9.
Fertilizer storage in bags or bulk storage of liquid or dry fertilizer
in tanks or in a completely enclosed building, but not manufacture
or processing.
10.
Laundries, linen service.
11.
Lumberyard including planing and millwork.
12.
Plating, electrolytic process.
13.
Poultry packing and slaughtering (wholesale).
14.
Railroad switching yard, primarily for railroad service in the district,
team tracks and spur tracks.
15.
Sawmill including cooperage stock mill, stationery and planing mill.
16.
Soap products, but not soap manufacture.
17.
Stone products, sand and gravel, but not crushing or grinding.
C.
Conditional Uses. The following uses or the manufacture, compounding, processing, packaging or treatment of products not specifically listed above or below, but which may have accompanying hazards such as fire, explosion, noise, vibration, dust or the emission of smoke, odor, toxic gases or other pollutants, may be located in the "I-2" Heavy Industrial District, if not in conflict with any State or County law or ordinance, only after the location and nature of such use shall have been approved by the City Council following recommendation by the Planning and Zoning Commission after public hearing as provided in Sections 400.980 et seq. The Commission and Council shall review the plans and statements and shall not permit such buildings, structures or uses until there has been shown that the public health, safety, morals and general welfare will be properly protected and that necessary safeguards will be provided for the protection of streams or other water areas or surrounding property and persons. The Commission and Council, in reviewing the plans and statements, shall consult with other agencies created for the promotion of public health and safety and shall pay particular attention to protection of the City and its neighbors from the harmful effects of air or water pollution of any type.
1.
Any conditional use permitted in the "I-1" zoning district.
2.
Airports, landing strips and heliports.
3.
Incinerators.
4.
Ammunition and explosives storage.
5.
Asphalt or asphalt products or central asphalt mixing or batching.
6.
Concrete products or central mixing and proportioning plant and cement
manufacture.
7.
Distillery (alcoholic), breweries and makers of alcoholic spirits
(non-industrial).
8.
Docks, wharves and piers, except for pleasure craft, marine warehouses
or storage area, freight storage shed, freight handling equipment.
9.
Dredging base, marine construction yard, marine salvage base, but
not junk unrelated to marine salvage.
10.
Engine testing (internal combustion engines), but not jet engines
or rockets.
11.
Flour, feed and grain milling.
12.
Galvanizing or plating (hot dip).
13.
Hides and raw fur, curing, tanning, dressing, dyeing and storage.
15.
Leather tanning and curing.
16.
Materials recovery facility.
17.
Meat or fish products including slaughtering of animals or poultry
or preparation of fish for packing.
18.
Petroleum storage.
19.
Plastic material and synthetic resins, processing only.
20.
Railroad yards.
21.
Stockyard.
22.
Wood preserving treatment facility.
23.
Quarry with rock crushing operation.
24.
Manufacture of the following products:
a.
Acetylene generation and storage.
b.
Adhesives, glue or sizing.
c.
Alcohol, industrial.
d.
Asbestos products.
e.
Candles including wax or tallow manufacture.
f.
Film, photographic.
g.
Glass and glass products.
h.
Insecticides, fungicides, disinfectants or related industrial or
household chemical products.
i.
Linoleum and other hard-surface floor coverings, except wood.
j.
Match manufacture.
k.
Oils, shortening and fats (edible) manufacture and storage.
l.
Paint, oil, shellac, turpentine or varnish.
m.
Starch manufacture.
25.
The provisions of this Section shall apply to all new uses and to
existing uses where a substantial change or expansion to the layout,
operation or configuration is proposed.
D.
(Reserved)
E.
Design Standards. (See also Sections 400.530 et seq. for additional regulations.) The following design standards are required in the "I-2" district:
1.
Minimum lot area: 1 acre.
2.
Minimum lot width at the building line: 150 feet.
3.
Minimum lot depth: 200 feet.
4.
Maximum height of building: 3 stories or 45 feet.
"GPRS" bonus:
All tiers: 4 stories or 60 feet, except when adjoining a residential
zoning district.
5.
Minimum setback requirements measured from building line to property
line:
a.
No part of any building, accessory structure or sign shall be located
closer than one hundred (100) feet to any residential district boundary.
b.
The front yard setback is thirty-five (35) feet, except fifty (50)
feet across street from residential district.
"GPRS" bonus:
Tiers 1 and 2: 30 feet.
Tier 3: 25 feet, except 50 feet across street from residential
district.
c.
The side yard setback is zero (0) feet, except ten (10) feet adjoining
any other zoning district and fifty (50) feet adjoining any residential
district.
"GPRS" bonus:
All tiers: 0 feet, except 10 feet adjoining any other zoning
district and 50 feet adjoining any residential district.
d.
The rear yard setback is zero (0) feet, except thirty (30) feet adjoining
any other zoning district and fifty (50) feet adjoining any residential
district.
"GPRS" bonus:
All tiers: 0 feet, except 25 feet adjoining any other zoning
district and 50 feet adjoining any residential district.
6.
Maximum lot coverage: None.
7.
Floor area in square feet: No requirement.
10.
Protective screening.
a.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965 (B)(4).
b.
Where an "I-2" zoning district directly adjoins a residential zoning
district or is located across a public street or alley from a residential
zoning district, a landscaped greenbelt at least fifty (50) feet in
width shall be provided and maintained along the appropriate property
line by the users of the "I-2" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2½) inch caliper. Trees existing within any required
greenbelt at the time of installation and which are larger than two
and one-half (2½) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in a healthy growing condition and be neat and orderly in appearance.
The fifty (50) foot greenbelt shall not be used for off-street parking
facilities or for loading spaces. Along the inner side (the industrial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or wood fence at least six (6) feet
in height above grade, in which case one (1) shrub shall be planted
in the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly placed.
11.
Landscaping. The required front yard shall be planted
with trees or shrubs.
F.
Industrial Performance Standards. The same requirements as in Section 400.240(E).
[R.O. 2009 §156.038; CC 1981 §30-30(b); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord.
No. 04-176, 8-4-2004; Ord. No. 06-320, 11-29-2006; Ord. No. 09-64, 4-17-2009; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "CBD" Central Business District
is to provide opportunity for a broad spectrum of uses designed to
encourage development of the downtown area as a commercial and office
center with appropriate loosening of normal restrictions. The regulations
of the Central Business District are intended to allow greater design
flexibility than is permitted by the other district regulations for
tracts of land in the Central Business District, where the planned
development of such tract would better utilize the character of the
site and enhance the appearance and economic vitality of the downtown
area.
B.
Permitted Uses. A building or land in the Central Business
District shall be used only for the following purposes:
C.
Conditional Uses. The following uses may be permitted as
conditional uses if approved by the City Council following recommendation
by the Planning and Zoning Commission:
1.
Any conditional use in the "C-1" or "C-2" zoning districts, except
vehicle sales and firearm ranges are prohibited; and
2.
Apartment buildings, residential condominiums, town houses, row houses
and other types of multiple-family dwellings, except that in the Historic
Downtown District these residential uses shall be permitted only above
the first (1st) floor. The density of multi-family dwellings shall
not exceed twenty-four (24) dwelling units per acre (DU/A). The following
are permitted accessory uses for developments of multiple-family dwellings:
[Ord. No. 15-185 §1, 8-18-2015]
a.
A laundry room for use by occupants;
b.
Club and recreational facilities for use by occupants;
c.
Coin-operated vending machines for candy, tobacco, ice, soft drinks
and sundries located inside a building for use by occupants; and
d.
An office located in a main building for administration of a development
consisting of ten (10) or more dwelling units.
D.
E.
Maximum Height. Maximum height of buildings shall be three
(3) stories or forty-five (45) feet. However, the height limitations
may be varied upon review by the Planning and Zoning Commission and
approval by the City Council.
F.
Maximum Lot Coverage. Eighty percent (80%) of the gross
lot area.
G.
Protective Screening.
1.
All exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
2.
Where a "CBD" zoning district directly adjoins a residential zoning
district or is located across a public street or alley from a residential
zoning district, a landscaped greenbelt at least fifteen (15) feet
in width shall be provided and maintained along the appropriate property
line by the users of the "CBD" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per thirty (30) lineal feet or fraction thereof for any frontage along
a residential zoning district. Required trees shall be at least two
and one-half (2½) inch caliper. Trees existing within any required
greenbelt at the time of installation and which are larger than two
and one-half (2½) inch caliper shall be preserved and will
count toward the minimum landscaping requirements. Newly planted species
shall be hardy for the specified area. All landscaping shall be maintained
in a healthy growing condition and be neat and orderly in appearance.
The fifteen (15) foot greenbelt shall not be used for off-street parking
facilities or for loading spaces. Along the inner side (the commercial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
a.
A continuous visual screen with a minimum height of six (6) feet,
such screen consisting of a compact evergreen hedge or foliage screening;
or
b.
An ornamental masonry wall or wood fence at least six (6) feet in
height above grade, in which case one (1) shrub shall be planted in
the greenbelt per ten (10) lineal feet or fraction thereof. Required
shrubs shall be a minimum of eighteen (18) inches in height at time
of initial planting. Shrubs may be clustered rather than evenly spaced.
H.
Off-Street Parking And Loading. The following off-street
parking and loading regulations shall apply to the "CBD":
[R.O. 2009 §156.039; CC 1981 §30-39(c); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord.
No. 01-111, 6-8-2001; Ord. No. 02-229, 9-20-2002; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "CRD" Central Residential District
is to provide opportunity for residential uses in close proximity
to the Central Business District. The regulations of Central Residential
District are intended to allow greater flexibility in design and uses
than would normally be permitted by other residential districts. The
primary objective of the district is to preserve the appearance and
economic vitality of the entire area while at the same time maintaining
the initial character of the original residential uses of the area.
B.
Permitted Uses.
1.
"CRD-I". A building or land shall be used only for
the following purposes. Any use, accessory use or conditional use
permitted in the "R1-C", "R1-D" or "R1-E" zoning districts.
2.
"CRD-II". A building or land shall be used only
for the following purposes. Any use, accessory use or conditional
use permitted in the "R-1C", "R-1D", "R-1E" or "R-2" zoning districts.
C.
Design Standards.
1.
Minimum lot area: 5,000 square feet.
2.
Minimum floor area: 850 square feet per principal building.
3.
Minimum lot width: None.
4.
Minimum lot depth: None.
5.
Minimum front yard: 20 feet.
Front yard area, except for driveway access, shall be used for
lawn and landscaping only.
6.
Minimum side yard: 5 feet.
7.
Minimum rear yard: 10 feet.
9.
Minimum floor area per dwelling unit in the "CRD-II": 700 square
feet.
D.
Maximum Building Coverage.
1.
"CRD-I". The maximum building coverage of the principal
buildings shall be not more than seventy percent (70%) of the gross
lot area. Usable yard area shall be not less than five percent (5%)
of the net lot area.
2.
"CRD-II". There shall be only one (1) principal
building per lot within the "CRD" II District. The maximum building
coverage of the principal building shall be not more than seventy
percent (70%) of the gross lot area. Usable lot area shall be not
less than five percent (5%) of the net lot area.
E.
Off-Street Parking. The off-street parking spaces shall be provided for as outlined in Sections 400.660 et seq.
F.
Protective Screening. Except for lots with one (1) single-family or one (1) two-family dwelling, all exterior solid waste containers and container racks or stands shall be screened from public view by an enclosure which complies with the requirements of Section 400.965(B)(4).
[R.O. 2009 §156.040; Ord. No. 05-21, 1-14-2005; Ord. No. 08-217, 10-13-2008; Ord. No. 09-189, 10-29-2009; Ord. No. 10-25 §1, 2-19-2010; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-99 §1, 5-20-2010; Ord.
No. 11-26 §5, 2-4-2011; Ord. No. 12-165 §3, 9-28-2012]
A.
Purpose. The purpose of the "FHCD" Frenchtown Historic Commercial
District is to provide for a low intensity restricted mixture of retail
shopping, personal service, residential and lodging uses on a comparatively
small scale; and to preserve historic areas of St. Charles, for future
generations and for historic area residents, while preserving the
integrity of historic and cultural activities and events; but discourages
events or activities that may misuse historic areas. It is intended
to foster and complement the nearby residential neighborhoods.
B.
Permitted Uses. A building or land in the "FHCD" shall be
used only for the following purposes:
1.
Accounting and auditing agencies.
2.
Antique shops.
3.
Art galleries and museums.
4.
Bakeries or bake shops.
5.
Banks, savings and loan associations, but not drive-in or drive-thru
facilities except as otherwise provided.
6.
Barbershops and beauty parlors.
7.
Bed and breakfast establishments, with each guest room having its
own independent bath facilities.
8.
Bicycle sales and repair shops.
9.
Business, professional and technical schools and universities.
10.
Business, professional or medical offices.
11.
Commercial laboratories including testing and photo finishing laboratories,
but not including testing combustion engines or explosives.
12.
Computer and data processing centers.
13.
Custom dressmaking or tailoring shops.
15.
Delicatessen businesses.
16.
Direct mail advertising service business.
17.
Enclosed recreational uses including tennis, handball or paddleball,
swimming, skating, gymnasium or health club, bowling and similar recreational
uses.
18.
Hobby shops or craft shops.
19.
Insurance agencies and services.
20.
Investment agencies and services.
21.
Patio and garden shops, retail greenhouses.
22.
Printing, publishing and engraving.
23.
Public and private libraries.
24.
Public or government offices.
25.
Public parks and open space.
26.
Real estate agencies and services.
27.
Research laboratories and facilities.
28.
Restaurants, but not drive-thru or drive-in except as otherwise provided.
29.
Shops for the sale, service or repair of home appliances, shoes,
jewelry, stereos, televisions and radios.
30.
Single-family dwellings, but residential uses shall be prohibited
on the first (1st) floor of an existing commercial structure.
31.
Specialty shops, boutiques, coffee shops and tea rooms.
32.
Stores or shops for the conduct of retail business including the
sale of books, cards, carpets, clothing, drugs, fabrics, flowers,
food, furniture, garden supplies, gifts, groceries, hardware, home
appliances, jewelry, musical instruments and records, office supplies
and merchandise, optics, paint, shoes, sporting goods, stationery,
stereos, televisions and radio, tobacco and similar stores and shops.
33.
Studios for artists, photographers, teachers, sculptors, musicians
or graphic designers.
34.
Temples and meeting facilities for fraternal, religious, Masonic
and philanthropic clubs and organizations.
35.
Title companies.
36.
Travel bureaus and ticket offices.
37.
Walk-up automatic teller machines.
38.
[1]All other types of indoor retail sales uses not listed
may otherwise be permitted through a conditional use.
[1]
Editor’s Note: Former Subsection (B)(38), Wineries and
microbreweries, was repealed 11-19-2013 by Ord. No. 13-231 §1.
Section 1 of this ordinance also provided for the renumbering of former
Subsection (B)(39) and (40) as Subsection (B)(38) and (39).
39.
Placement of a telecommunication antenna on an existing telecommunication
tower (co-location) where no expansion or enlargement of the existing
tower enclosure is required.
C.
Conditional Uses. The purpose of the conditional use process
is to allow the establishment of those uses which have some special
impact or uniqueness such that their effect on the surrounding environment
cannot be determined in advance of the use being proposed for a particular
location. The conditional use process provides the City with the means
to review the location, design, configuration of uses and potential
impacts and compatibility with the surrounding area. In approving
the conditional use, the Planning and Zoning Commission may recommend
and the City Council may impose conditions or safeguards as are deemed
necessary to protect the surrounding properties and public generally.
The following uses may be permitted in the "FHCD" as a conditional
use, if approved by the City Council following recommendation by the
Planning and Zoning Commission:
1.
Auditorium, lecture hall, meeting facility or conference center.
2.
Day care facilities or adult day care facilities.
3.
Equipment rental and leasing services, not including passenger motor
vehicles; provided storage is within a completely enclosed building
unless otherwise allowed through the conditional use permit.
a.
Regulations for equipment rental and leasing services.
(1)
Minimum lot area: One (1) acre.
(2)
Minimum lot width at the building line: One hundred (100) feet.
(3)
All areas of the facility not designated as landscape area shall
provide a surface paved with concrete or bituminous material which
is designed to meet the requirements of a minimum four (4) ton axle
load.
4.
Guest house.
5.
Hotels, motels and inns.
6.
In-vehicle sales or service.
Description: In-vehicle sales and service land
uses include all land uses which perform sales or services to persons
in vehicles or to vehicles which may be occupied at the time of such
activity. Such land uses often have traffic volumes which exhibit
their highest levels concurrent with peak traffic flows on adjacent
streets. Examples of such land uses include drive-in, drive-up and
drive-through facilities, vehicular fuel stations and all forms of
car washes.
a.
Regulations for in-vehicle sales or service.
(1)
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
(2)
The drive-through facility shall be designed so as not to impede
or impair vehicular and pedestrian traffic movement or exacerbate
the potential for pedestrian/vehicular conflicts.
(3)
In no instance shall a drive-though facility be permitted to
operate which endangers the public safety, even if such land use has
been permitted under the provisions of this Section.
(4)
The setback of any overhead canopy or similar structure shall
be a minimum of ten (10) feet from all street rights-of-way lines,
a minimum of twenty (20) feet from all residentially zoned property
lines and shall be a minimum of five (5) feet away from all other
property lines. The total height of any overhead canopy or similar
structure shall not exceed twenty (20) feet as measured to the highest
part of the structure. The setback requirements may be recommended
for modifications by the Planning and Zoning Commission and modified
by the City Council where it is found that due to pre-existing circumstances
the provision of the setback will cause an undue burden on the ability
to effectively use the property.
(5)
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four (4) ton axle load.
(6)
Facility shall provide a minimum six (6) foot high solid, maintenance-free
fence with a combination of shrubs (eighteen (18) inches to twenty-four
(24) inches tall or three (3) feet to four (4) feet wide at the time
of planting), understory trees (six (6) feet to eight (8) feet tall
at the time of planting) and canopy trees (two and one-half (2½)
inches to three (3) inches caliper at the time of planting) as recommended
by the Planning and Zoning Commission and approved by the City Council
along all borders of the property directly abutting a residentially
zoned property. These requirements may be recommended for modification
by the Planning and Zoning Commission and modified by the City Council
where it is found that due to pre-existing circumstances the provision
of the setback will cause an undue burden on the ability to effectively
use the property.
(7)
Interior curbs shall be used to separate driving area from exterior
fixtures such as fuel pumps, vacuums, menu boards, canopy supports
and landscaped islands. The curbs shall be a minimum of six (6) inches
high and be of a non-mountable design. No curb protecting an exterior
fixture shall be located closer than twenty-five (25) feet to any
property line. The setback requirements may be recommended for modification
by the Planning and Zoning Commission and modified by the City Council
where it is found that due to pre-existing circumstances the provision
of the setback will cause an undue burden on the ability to effectively
use the property.
(8)
Outdoor storage uses (including the outdoor storage of vehicles
or vehicles for sale) shall be prohibited on the same property.
7.
Laundromats or self-service dry cleaning establishments, laundries
and dry cleaning or pressing pickup stations. No cleaning fluid considered
hazardous, in the judgment of the Fire Chief, shall be used.
8.
Live performance or motion picture theater.
9.
Parking lots or garages not accessory to a principal structure and
approved through a site plan or parking lots or garages for public
use for compensation.
10.
Passenger vehicle or motorcycle sales, rental, service, detailing,
body and fender repair and/or spray painting.
Description: Passenger vehicle or motorcycle
sales, rental, service, detailing, body and fender repair or spray
painting. Passenger vehicle or motorcycle sales, rental, service or
repair land uses include all land uses which perform maintenance or
repair service to vehicles or motorcycles and contain all operations
including equipment, materials and inoperable motorcycles completely
within an enclosed building. For the purposes of this Subsection,
"passenger vehicles" shall be defined as motor vehicles licensed less
than twelve thousand (12,000) pounds with a design and intended use
for the transport of persons. For the purposes of this Subsection,
"motorcycles" shall be defined as every motor vehicle having a seat
or saddle for the use of the rider and designed to travel on not more
than three (3) wheels in contact with the ground, but excluding a
tractor.
a.
Regulations for passenger vehicle or motorcycle sales, rental,
service, detailing, body and fender repair and/or spray painting.
(1)
All areas of the facility not designated as landscape area shall
provide a surface paved with concrete or bituminous material which
is designed to meet the requirements of a minimum four (4) ton axle
load.
(2)
Facility shall provide a minimum six (6) foot high solid, maintenance-free
fence with a combination of shrubs (eighteen (18) inches to twenty-four
(24) inches tall or three (3) feet to four (4) feet wide at the time
of planting), understory trees (six (6) feet to eight (8) feet tall
at the time of planting) and canopy trees (two and one-half (2.5)
inches to three (3) inches caliper at the time of planting) as recommended
by the Planning and Zoning Commission and approved by the City Council
along all borders of the property directly abutting a residentially
zoned property. These requirements may be recommended for modification
by the Planning and Zoning Commission and modified by the City Council
where it is found that due to pre-existing circumstances the provision
of the setback will cause an undue burden on the effective use of
the property.
(3)
Outdoor storage of materials, equipment and damaged or inoperable
vehicles is prohibited.
(4)
Motor vehicle display and parking setback: Ten (10) feet.
(5)
Minimum lot area: Ten thousand (10,000) square feet.
(6)
Minimum lot width at the building line: Eighty (80) feet.
11.
Pet shops and dog beauty parlors, provided that any work rooms, cages,
pens or kennels be maintained within a completely enclosed sound-proof
building and that such shop or parlor be operated in such a way as
to produce no objectionable noises or odors outside its walls.
12.
Plumbing, heating and air-conditioning shop, upholstering shop (not
involving furniture manufacture), appliance repairs and general service
and repair establishments, similar in character to those listed in
this item. No outside storage of material is permitted.
13.
Secondhand sales establishments.
14.
Small manufacturing establishments which occupy no more than ten
thousand (10,000) square feet of building space. No outdoor storage
shall be permitted and no offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
15.
Telecommunication towers, antennas attached to structures, or placement
of a telecommunication antenna on an existing tower (co-location)
where an expansion or enlargement of the existing tower enclosure
is required.
16.
Two-family and multi-family residential.
17.
Veterinary office, clinic and/or hospital.
18.
Warming and cooling centers when accessory to a church or other place
of worship. Occupancy limits for a warming and cooling center shall
be determined by the Building Code Official and Fire Marshal.
19.
Wineries and microbreweries.
[Ord. No. 13-231 §1, 11-19-2013]
D.
Design Standards.
1.
Minimum lot area: Seven thousand five hundred (7,500) square feet.
2.
Minimum lot width at the building line: None.
3.
Minimum lot depth: None.
4.
Maximum height of building: Three (3) stories or forty-five (45)
feet.
5.
Minimum setback requirements measured from the building line to the
property line:
6.
Maximum floor area: None.
8.
Off-street parking and loading.
a.
Buildings existing before May 20, 2010 situated on lots less than
ten thousand (10,000) square feet in area, the off-street parking
and loading requirements are waived for approved uses.
9.
Metal clad buildings are prohibited.
10.
Protective screening.
a.
All refuse and waste removal storage areas shall be screened with
a minimum six (6) foot high solid screen walls of masonry construction
to complement the primary structure as approved by the Historic Landmarks
Preservation and Architectural Review Board. Gates shall be composed
of metal or solid vinyl in a complementary color to the masonry as
approved by the HLPARB and in no case shall slatted, chain-link fencing
be used. Any other materials shall be approved by the Historic Landmarks
Preservation and Architectural Review Board. Solid waste container
enclosures shall have a concrete floor.
b.
Where a "FHCD" directly adjoins a residential zoning district or
is located across a public street or alley from a residential zoning
district, a landscaped greenbelt at least fifteen (15) feet in width
shall be provided and maintained along the appropriate property line
by the users of the "FHCD" property. The open area shall be planted
with trees and shrubs. A minimum of one (1) tree shall be planted
per lineal foot or fraction thereof for any frontage along a residential
zoning district. Required trees shall be at least two and one-half
(2½) inch caliper. Trees existing within any required greenbelt
at the time of installation and which are larger than two and one-half
(2½) inch caliper shall be preserved and will count toward
the minimum landscaping requirements. Newly planted species shall
be hardy for the specified area. All landscaping shall be maintained
in healthy growing condition and be neat and orderly in appearance.
The fifteen (15) foot greenbelt shall not be used for off-street parking
facilities or for loading space. Along the inner side (the commercial
property side) of the greenbelt, except when the greenbelt adjoins
a public street, there shall be provided either:
(1)
A continuous visual screen with a minimum height of six (6)
feet, such screen consisting of a compact evergreen hedge or foliage
screening; or
(2)
An ornamental masonry wall or solid maintenance-free fence at
least six (6) feet in height above grade, in which case one (1) shrub
shall be planted in the greenbelt per ten (10) lineal feet or fraction
thereof. Required shrubs shall be a minimum of eighteen (18) inches
in height at time of initial planting. Shrubs may be clustered rather
than evenly spaced.
11.
Any of the above design standards may be modified through approval
of a conditional use.
[R.O. 2009 §156.063; CC 1981 §30-39(a); Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
To enable the "superimposed district" to operate in harmony
with the plan for land use and population density embodied in this
Chapter, the "HP" Historic Preservation District, the "RPPD" Residential
Parking Permit District and the "EHP" Extended Historic Preservation
District, are created as special districts to be superimposed on the
other districts contained in this Chapter or amendments hereto and
are to be so designated by the City Council and depicted by a special
symbol for their boundaries on the Zoning District Map. If there is
a conflict between regulations of an underlying district and a superimposed
district, the regulations of the superimposed district shall prevail.
[R.O. 2009 §156.064; CC 1981 §30-30(f); Ord. No. 77-31, 7-5-1977; Ord. No. 80-47, 4-9-1980; Ord. No. 97-311, 9-18-1997; Ord. No. 98-209, 5-15-1998; Ord.
No. 05-114, 4-26-2005; Ord. No. 06-329, 12-14-2006; Ord. No. 07-162, 6-11-2007; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-125 §1, 7-25-2012; Ord. No. 16-161 §1, 8-16-2016]
A.
Purpose. The purpose of this district is to reduce
the hazardous traffic conditions resulting from the use of streets
within residentially zoned districts for parking of vehicles by persons
using adjoining multifamily or non-residentially zoned districts.
The regulations of the "RPPD" Superimposed District are intended to
protect these districts from polluted air, excessive noise, trash
and refuse caused by the entry of such vehicles; to protect the residents
of these districts from unreasonable burden in gaining access to their
residences; to preserve the residential character; to promote efficiency
of access in the answering of emergency calls by the Fire and Police
Departments; to promote efficiency in the maintenance of these streets
in a clean and safe condition; to preserve the value of the residential
property; to preserve the safety of children and other pedestrians
and traffic safety; and to maintain the peace, good order, comfort,
convenience and welfare of the residents.
B.
Initiation Of A Request For "RPPD" Designation.
1.
Any member of the City Council or the Mayor may initiate a request
through the Mayor for "RPPD" designation for an area of the City.
A "RPPD" area must contain a minimum of five (5) adjacent properties
or have a lineal distance of three hundred (300) feet to be eligible.
2.
Each street or street segment which is proposed for residential
permit parking will be evaluated using the following methodology:
a.
Seven (7) days prior to the evaluation, all residents within
the area to be evaluated will be notified by the Department of Community
Development that the City is going to conduct an on-street parking
evaluation. Area residents will be asked to place a card, provided
by the City, in the rear window of any vehicle they intend to park
on the street in the area in question to evaluate the impact of non-resident
on-street parking in the area.
b.
The evaluation will include a determination of the number of
on-street spaces occupied during at least two (2) days when the greatest
number of parked vehicles is anticipated. The effects of turnover
in vehicles parked on the street will also be analyzed.
c.
The number of on-street spaces are calculated at the rate of
twenty-two (22) feet of lineal curb length with any fractional number
rounded to the lowest number.
C.
Design Criteria. To be eligible for the "RPPD" overlay,
the study area must find at least fifty percent (50%) of the parking
spaces must not turn over within a two-hour period and at least fifty
percent (50%) of the parking spaces must be filled and at least fifty
percent (50%) of the spaces must be occupied by non-resident vehicles.
A proposed district with boundaries within one thousand (1,000) feet
of a property line of a learning institution where any portion of
the student population is of driving age shall not be subject to the
design criteria.
D.
Overlay Designation. Upon completion of the analysis and a finding that a "RPPD" meets the design criteria, staff shall notice and advertise for rezoning the area in question using the procedures outlined in Section 400.990, except as set forth in Subsection (D)(1) below:
1.
Completion of analysis and a finding of meeting design criteria
shall not be required for a proposed district with boundaries within
one thousand (1,000) feet of a property line of a learning institution
where any portion of the student population is of driving age, a proposed
district designed to reduce criminal activity or to reduce congestion
from street or utility construction. These proposed districts shall
only be subject to a public hearing before the City Council prior
to the passage of an ordinance to create the district. A district
created to reduce criminal activity or to reduce congestion from street
or utility construction shall terminate within one (1) year of its
establishment or completion of construction, as the case may be, but
may be extended by the City Council if the conditions prompting the
designation have not been resolved or the construction is not completed.
E.
Parking Permits Notification. Upon passage of an
ordinance by City Council designating an area as a "RPPD," notification
will be sent to every address within the eligible area informing them
that they are in a permit parking area and must obtain a parking permit
sticker from the Department of Community Development. Residents must
furnish proof in the form of vehicle registration for each vehicle
for which they want a sticker. This notification will also include
information concerning the availability of temporary visitor, guest
and business parking permits.
F.
Signage. Upon passage of the ordinance, the Department
of Public Works will post signs on the affected streets with "Residential
Permit Parking Only" and the days and hours permits are in effect
or required.
G.
Eligibility For Permits.
1.
To residents of the affected areas, one (1) permit for each
vehicle registered to that address.
2.
For visitors of any residents in the affected area, residents
may obtain visitor passes to issue to their visitors.
3.
One-day permits for other uses consistent with the residential
character of the district may be obtained by residents.
4.
In applying for a "RPPD" permit, the applicant must apply to
the Department of Community Development who will verify that the address
is within the "RPPD" overlay. Upon verification by the Department
of Community Development, the applicant will then be able to purchase
the permit from the City Collector.
H.
Proof Of Eligibility.
1.
Each resident is entitled to one (1) permit per vehicle.
2.
Residents must present to the City Collector proof of ownership
and paid personal property tax receipt with his/her address for each
vehicle for which a permit is desired.
3.
If a resident has recently moved into an affected district,
they must show proof of residence and vehicle ownership. A permit
shall not be issued to a new resident until the original resident
has surrendered his/her permit.
4.
Residents must obtain parking permits for all visitors.
I.
Expiration. Residential and visitor parking permits
shall be valid for one (1) year expiring December 31.
J.
Sticker Display. All stickers will be displayed
in the lower driver's side of the rear window, except where the
lower driver's side of the rear window is tinted or obstructed,
then the sticker may be affixed to the non-reflective side of the
rear view mirror.
K.
Non-Residence. Whenever a person holding a permit
no longer meets the conditions of residency in a permit parking district,
he/she shall surrender the permit(s) issued to him/her to the Department
of Community Development.
L.
Enforcement.
1.
Enforcement of the residential parking permit district shall
be under the direction of the Chief of Police.
2.
It shall be unlawful for any person to represent that he/she
is entitled to a permit when he/she is not so entitled; to fail to
surrender a permit to which he/she is not so entitled; to obtain,
give, rent or sell a permit to a person to whom it is not entitled;
to park a vehicle displaying a permit when the holder of the permit
is not so entitled.
M.
Violation. Violation of this Section shall be punishable
by a minimum fine of twenty-five dollars ($25.00).
[R.O. 2009 §156.065; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 10-26 §1, 2-19-2010; Ord. No. 13-116 §3, 6-20-2013]
A.
Purpose. The purpose of this Section is to safeguard the
public health, safety and general welfare through the protection of
ground water used as a public water supply.
B.
Permitted Uses. Any use permitted by right in an underlying
zoning district shall also be permitted by right in an overlying Wellhead
Protection District, the boundaries of which are illustrated on the
map attached to Ordinance 10-26 and on file in the City offices.
C.
Conditional Uses.
1.
The following uses may be permitted in the "WHP" Wellhead Protection
District as a conditional use if approved by the City Council following
recommendation by the Planning and Zoning Commission:
a.
The production, use, handling or storage of any hazardous substance
or liquid petroleum product.
b.
Fleet maintenance repair and service facilities including, but not
limited to, mechanic services, transmission repair services and oil
changing services in conjunction with and supplementary to a permitted
business operation.
c.
Construction of new underground storage tanks and associated pipes
in compliance with applicable local, State and Federal laws and in
conjunction with and supplementary to a permitted business operation.
d.
Dry cleaning business.
e.
Furniture stripping.
f.
Wastewater pretreatment facilities or other impoundments of waste
material.
g.
Vehicle service stations and convenience stores which sell motor
fuel.
h.
Electrical power generator and substations.
i.
Closed-loop heat pump well systems, provided the entire length of
the pipe system is sealed with a thermal grout.
j.
Materials recovery facilities for properties located within the "I-2"
Heavy Industrial District only, provided the operations are conducted
within enclosed buildings, do not involve outdoor processing, and
the only material accepted is non-hazardous construction and demolition
waste. Such waste is limited to wood, drywall, masonry, concrete,
metal, plastic, cardboard, paper, roofing, and asphalt products.
2.
In order to receive approval from the City Council, each facility
which handles or uses regulated substances must fulfill the following
requirements:
a.
Provide for the installation and maintenance of devices for secondary
containment in case of inadvertent discharge from primary containers.
Ensure the proper storage of regulated substances to insure the integrity
and proper functionality of impervious floor surface.
b.
Submission of an emergency contingency plan for each facility to
respond to unauthorized discharges.
c.
Posting of a bond or carrying of insurance which would pay for the
cost of cleanup incurred as the result of inadvertent discharge.
d.
The three (3) previous requirements must be approved in writing by
both the Fire Chief and the Community Development Director or their
designees.
D.
Prohibited Uses. The following uses are prohibited in the
"WHP" Wellhead Protection District:
1.
The production, use, handling, or storage of any extremely hazardous substance, greater than the exempted quantity, as defined in Section 400.050.
2.
Landfills, including, but not limited to, industrial and municipal
landfills; open dumps; or any other waste disposal facility.
4.
Waste disposal wells and underground injection of liquid wastes.
5.
Sewage lagoons.
6.
Wastewater treatment plants.
7.
Cemeteries and graveyards for humans or domesticated animals.
8.
Scrap and junkyards.
9.
Uncovered salt storage.
10.
Private potable water wells into known and potential sources of contamination,
including, but not limited to, those identified on Exhibit A as filed
in the City Clerk's office.
11.
Ponds/lakes constructed deeper than fifteen (15) feet, in order to
prohibit excavation below the upper cohesive solids into the underlying
sand and gravel aquifer except at properties where site specific drilling
data indicates deeper excavation, will not contact the sand and gravel
aquifer to a maximum allowable excavation depth of five (5) feet above
the base of the upper cohesive soils.
12.
Open-loop heat pump well systems which utilize ground water as the
heat source and sink.
E.
Exemptions. The following substances are not subject to
the provisions of this Chapter, as long as they are used, handled
or stored in a manner that does not result in contamination of the
ground water:
1.
Use of any regulated substance in an amount less than the exempted
quantity for that substance.
2.
Any substance to the extent it is used for personal, family or household
purposes or is present in the same form and concentration as a product
packaged for distribution and use by the general public. However,
regulated substances used in the operation of a home business shall
not be exempt from the provisions of these requirements.
3.
Any substance to the extent it is used in routine agricultural operations
or is a fertilizer held for sale by a retailer to the user.
4.
Any substance to the extent it is used in a research laboratory,
hospital or other medical facility and is under the direct supervision
of a technically qualified individual.
5.
Regulated substances contained in properly operating sealed units
(transformers, refrigeration units, etc.) which are not operated as
part of routine use and which are in operable condition.
6.
Motor fuels, lubricants and coolants which are in use within operable
internal combustion engines and attached fuel tanks.
7.
Radioactive materials regulated by the United States Nuclear Regulatory
Commission.
8.
Regulated substances in continuous transit through a "WHP" District.
F.
Design Standards. Within the "WHP" District, the design
standards of the district upon which the "WHP" District is superimposed
shall apply. In addition, the following design standards shall be
required in a "WHP" zoning district:
[R.O. 2009 §156.066; CC 1981 §30-39(e); Ord. No. 77-31, 7-5-1977; Ord. No. 94-84, 4-13-1994; Ord. No. 96-45, 2-21-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 02-54, 3-6-2002; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 12-85 §1, 5-24-2012; Ord. No. 12-195 §1, 10-18-2012]
A.
Purpose. The purpose of the South Main Preservation District
is to preserve historic areas, buildings, monuments or other historic
features which contribute or will contribute to the heritage of the
City or the State. The district also provides for the protection of
historic areas, buildings, monuments or features, and their surroundings
within a reasonable distance, from obviously incongruous development
or uses of land. Banquet centers and meeting facilities as a primary
use shall not be permitted in the South Main Preservation District
as a permitted or a conditional use.
B.
Permitted Uses. A building or land shall be used only for
the following purposes:
1.
Any use, accessory use or conditional use permitted in the zoning district in which the premises are situated and upon which the South Main Preservation District is superimposed, including single-family dwellings, except as provided in Section 400.330(B)(2). Banquet centers and meeting facilities as a primary use shall not be permitted in the South Main Preservation District as a permitted or a conditional use.
2.
Restaurants, cafes or cafeterias, including restaurants, cafes or
cafeterias where alcoholic beverages are sold and consumed incidental
to the sale of food, provided that no alcoholic beverages may be sold
to patrons standing or sitting at a bar, whether or not such sale
is incidental to the sale of food, and the only exception to this
latter proviso is that alcoholic beverages may be sold to patrons
standing or sitting at an exposed bar in a restaurant microbrewery.
Live music is prohibited at these uses unless approved as a conditional
use as set forth in this Section. For purposes of this Section, the
performance of live music shall be limited to the playing of musical
instruments or vocals, both of which shall not be amplified by any
means, electronic or otherwise. Sunday through Thursday the performance
of live music shall stop at or before 8:00 P.M. when performed on
the exterior of the premises, and shall stop at or before 9:00 P.M.
when performed inside a restaurant, cafe or cafeteria. Friday and
Saturday the performance of live music shall stop at or before 10:00
P.M., whether performed on the exterior of the premises or inside
a restaurant, cafe or cafeteria. The times of performance of live
music may be further limited as a condition to a conditional use permit,
if said permit is approved.
[Ord. No. 13-231 §1, 11-19-2013; Ord. No. 15-108 §1, 5-19-2015]
a.
As used in this Section, the term "restaurant microbrewery" shall mean a restaurant which meets the following qualifications:
(1)
Brews beer on the premises, and sells the brewed beer on the
premises, with an annual minimum capacity of one hundred (100) barrels
of beer brewed, and an annual maximum of ten thousand (10,000) barrels
of beer brewed.
(2)
Has a federally approved "brewer's notice".
(3)
Has either fifty-one percent (51%) gross income from non-alcohol
food sales or a minimum of two hundred thousand dollars ($200,000.00)
of gross income per year in non-alcohol food sales.
(4)
Is licensed for Sunday liquor sales.
C.
Conditional Uses. The purpose of the conditional use process
is to allow the establishment of a use which has some special impact
or uniqueness such that its effect on the surrounding environment
cannot be determined in advance of the use being proposed for a particular
location. The conditional use process provides the City with the means
to review the location, design, configuration of uses and potential
impacts and compatibility with the surrounding area. In approving
the conditional use, the Planning and Zoning Commission may recommend
and the City Council may impose conditions or safeguards as are deemed
necessary to protect the surrounding properties and public generally.
The following uses may be permitted in the "SMPD" as a conditional
use, if approved by the City Council following recommendation by the
Planning and Zoning Commission:
1.
The performance of live music in restaurants, cafes or cafeterias.
D.
Special Building And Occupancy Permit.
1.
No person shall be permitted to build, erect, construct, alter, destroy
or remove buildings or structures, or in any way change the outward
appearance of any building or structure in the South Main Preservation
District without having obtained a certificate of appropriateness
from the Historic Landmarks Preservation and Architectural Review
Board.
2.
Evidence of such required approval shall be a certificate of appropriateness
issued by the Historic Landmarks Preservation and Architectural Review
Board. Such certificate shall be a statement signed by the Chairperson
of the Board, stating that the exterior architectural features of
the proposed construction, reconstruction, alteration, removal or
restoration for which application for approval by the Board has been
made as approved by the Board.
3.
No building permit or certificate of occupancy shall be issued for
any building or structure within the South Main Preservation District,
unless such applicant shall furnish with his application for such
permit a copy of certificate of appropriateness.
E.
Signs. Signs and billboards shall be permitted as required in Section 400.1830. All signs shall be reviewed and approved by the Historic Landmarks Preservation and Architectural Review Board in accordance with the standards and purposes of the South Main Preservation District.
F.
Lighting. All outdoor, temporary, decorative lighting must
obtain a certificate of appropriateness from the Historic Landmarks
Preservation and Architectural Review Board prior to installation,
except from November fifteenth (15th) through January fifteenth (15th),
at which time only white non-twinkling, non-chasing miniature lights
will be allowed.
[R.O. 2009 §156.067; CC 1981 §30-39(g); Ord. No. 77-31, 7-5-1977; Ord. No. 93-291, 12-22-1993; Ord. No. 96-4, 1-16-1996; Ord. No. 97-52, 1-31-1997; Ord.
No. 98-209, 5-15-1998; Ord. No. 01-176, 8-3-2001; Ord. No. 10-244 §1, 11-18-2010]
A.
Purposes. The purposes of the "EHP" Extended Historic Preservation
District are to preserve historic buildings which contribute or will
contribute to the heritage of the City or the State and to preserve
existing neighborhood architecture by protecting the buildings and
their surroundings from obviously incongruous development or uses
of land.
B.
Certificate Of Demolition Or Removal. No person shall be permitted to remove or demolish any building in the Extended Historic Preservation District without the issuance of a certificate of demolition or removal by the Historic Landmarks Preservation and Architectural Review Board (HLPARB). The HLPARB shall base its decision upon the review criteria set forth in Section 400.1280; further, the HLPARB shall process all requests for certificates of demolition and removal in accordance with the procedures set forth in the aforesaid Sections of the Code. This provision shall not apply to accessory buildings which have less than five hundred (500) square feet nor to properties less than fifty (50) years old, unless the Director of Community Development determines that the building may have historical significance and refers the question to the HLPARB.
C.
Architectural Review For Properties Constructed During Or Prior To
1945. No person shall alter the exterior appearance of any building without first obtaining a Certificate of Appropriateness from the Historic Landmarks Preservation and Architectural Review Board (HLPARB). In reviewing applications for a Certificate of Appropriateness, guidelines established in Section 400.1270 shall be used.
D.
Architectural Review For Properties Constructed After 1945. Every application for a building permit for construction of, additions to, and exterior alterations of, any building in the district shall be submitted to the HLPARB for review and approval. In reviewing applications for a Certificate of Appropriateness, guidelines established in Section 400.1270 shall be used.
[R.O. 2009 §156.068; CC 1981 §30-39(h); Ord. No. 77-31, 7-5-1977; Ord. No. 80-47, 4-9-1980; Ord. No. 82-29, 4-21-1982; Ord. No. 83-2, 1-5-1983; Ord.
No. 83-17, 3-2-1983; Ord. No. 87-35, 2-13-1987; Ord. No. 91-3, 1-16-1991; Ord. No. 92-321, 12-23-1992; Ord. No. 93-291, 12-22-1993; Ord. No. 98-209, 5-15-1998; Ord. No. 02-54, 3-6-2002; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "HDD" Historic Downtown District
is to protect the district from alterations, additions or demolitions
which would be detrimental to property values and its character as
a pedestrian-oriented, historic commercial area.
B.
Permitted Uses. Any use, accessory use or conditional use
permitted in the zoning district in which the premises are situated
and upon which the Historic Downtown District is superimposed including
single-family dwellings.
C.
Building, Sign And Occupancy Permits.
1.
No person shall be permitted to build, erect, construct, alter, destroy
or remove buildings or structures, including signs, or in any way
change the outward appearance of any building or structure in the
Historic Downtown District overlay without having obtained a certificate
of appropriateness from the Historic Landmarks Preservation and Architectural
Review Board (HLPARB). The painting of buildings does not require
a Certificate of Appropriateness when colors listed on the approved
color chart are utilized.
2.
No building permit, sign permit or certificate of occupancy shall
be issued for any building or structure within the Historic Downtown
District unless the applicant shall furnish with an application for
such permit a copy of any necessary certificate of appropriateness.
D.
Lighting. All outdoor, temporary, decorative lighting must
obtain a certificate of appropriateness from the Historic Landmarks
Preservation and Architectural Review Board prior to installation,
except from November fifteenth (15th) through January fifteenth (15th),
at which time only white non-twinkling, non-chasing miniature lights
will be allowed.
[R.O. 2009 §156.069; Ord. No. 97-50, 1-31-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 01-262, 11-13-2001; Ord. No. 03-216, 9-3-2003; Ord. No. 03-279, 10-23-2003; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purposes of the "FPD" Frenchtown Preservation
District are to preserve buildings, structures and sites valued for
cultural and historic reasons; preserve properties which provide a
strong sense of place and community; maintain an aesthetically pleasing
area by limiting incongruous alterations; and retain unique community
assets for economic expansion.
B.
Determination Of Historically Contributing Properties. Using
the following criteria, the Department of Community Development staff
shall determine which properties within the "FPD" are either contributing
or non-contributing. The Department of Community Development shall
maintain a map for public review which clearly indicates which properties
are contributing and non-contributing.
1.
Contributing properties. A building, structure or
permanently fixed object which meets either of the following criteria:
a.
Is eligible for listing on the National Register of Historic Places,
either individually or as part of a collection; or
b.
Was present during the period of significance (1830—1940),
relates to the documented significance of the district and either
possesses historic integrity or is capable of yielding important information
about the period.
2.
Non-contributing properties. Properties other than
contributing properties and vacant land.
3.
Vacant land. For purposes of new construction, vacant
land shall be subject to the architectural review process of contributing
properties.
C.
Architectural Review For Contributing Properties.
1.
No person shall alter the exterior appearance of any building without
first obtaining a certificate of appropriateness from the Historic
Landmarks Preservation and Architectural Review Board (HLPARB). In
reviewing applications for a certificate of appropriateness, design
guidelines adopted for the district by City Council shall be used.
2.
Every application for a building permit for construction of, additions
to and exterior alterations of any contributing building or structure
and for every new structure shall be submitted to the HLPARB for issuance
of a certificate of appropriateness. The painting of buildings does
not require a Certificate of Appropriateness when colors listed on
the approved color chart are utilized.
D.
Architectural Review For Non-Contributing Properties. For non-contributing properties as provided by Section 400.340(C), Construction Permits within the Extended Historic Preservation District, every application for a building permit for construction of, additions to and exterior alterations of any building in the district shall be submitted to the HLPARB for review and approval.
E.
Outdoor Display Of Merchandise. Merchandise may be displayed
outside an allowed, licensed business within a commercial zoning district
provided the following conditions are met:
1.
There shall be a continuous, unobstructed four (4) foot wide path
from the back of the curb or street if no curb exists; and
2.
The display of merchandise shall not extend beyond the width of the
storefront; and
3.
Any business that is located on a corner, merchandise may only be
displayed in the area along the main entrance; and
5.
Merchandise for sale shall not be attached to or hanging from the
structure; and
6.
Merchandise may only be displayed during the business hours of operation.
F.
A certificate
of appropriateness is required for any paint color change on any building
or sign that fronts on Second Street within the Frenchtown Preservation
District. The HLPARB will consider the selection of colors and how
color is applied in color schemes. In general, the HLPARB seeks the
use of colors that replicate those used historically. Colors shall
be equivalent to or like the colors from one (1) of the following:
[R.O. 2009 §156.070; Ord. No. 97-348, 10-14-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 98-449, 10-22-1998; Ord. No. 01-175, 8-3-2001; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purposes of the "CPD" Commons Preservation
District are to preserve buildings, structures and sites valued for
cultural and historic reasons; preserve properties which provide a
strong sense of place and community; maintain an aesthetically pleasing
area by limiting incongruous alterations; and retain unique community
assets for economic expansion.
B.
Determination Of Historically Contributing Properties. Using
the following criteria, the Department of Community Development staff
shall determine which properties within the "FPD" are either contributing
or non-contributing. The Department of Community Development shall
maintain a map for public review which clearly indicates which properties
are contributing and non-contributing.
1.
Contributing properties. A building, structure or
permanently fixed object which meets either of the following criteria:
a.
Is eligible for listing on the National Register of Historic Places,
either individually or as part of a collection, or
b.
Was present during the period of significance (1860—1920),
relates to the documented significance of the district and either
possesses historic integrity or is capable of yielding important information
about the period.
2.
Non-contributing properties. Properties other than
contributing properties and vacant land.
3.
Vacant land. For purposes of new construction, vacant
land shall be subject to the architectural review process for contributing
properties.
C.
Architectural Review For Contributing Properties.
1.
No person shall alter the exterior appearance of any building without
first obtaining a certificate of appropriateness from the Historic
Landmarks Preservation and Architectural Review Board (HLPARB). The
painting of buildings does not require a Certificate of Appropriateness
when colors listed on the approved color chart are utilized. In reviewing
applications for a certificate of appropriateness, design guidelines
adopted for the district by the HLPARB and City Council shall be used.
2.
Every application for a building permit for construction of, additions
to and exterior alterations of any contributing building or structure
and for every new structure shall be submitted to the HLPARB for issuance
of a certificate of appropriateness.
D.
Architectural Review For Non-Contributing Properties. For non-contributing properties as provided by Section 400.340(C), Construction Permits within the "EHP" Extended Historic Preservation District, every application for a building permit for construction of, additions to and exterior alterations of any building in the district shall be submitted to the Historic Landmarks Preservation and Architectural Review Board (HLPARB) for review and approval.
E.
Design Guidelines. "Design Guidelines for the St. Charles
Commons Neighborhood" prepared by the St. Charles Commons Neighborhood
Association and dated October 30, 1996, hereby adopted by reference
and incorporated as if fully set out herein, are adopted as the design
guidelines for the Commons Preservation ("CP") District.
[R.O. 2009 §156.071; Ord. No. 99-261, 7-23-1999; Ord. No. 10-244 §1, 11-18-2010]
A.
Purpose. The purpose of the "LMPD" Landmark Preservation
District is to promote the educational, cultural, economic and general
welfare of the community by:
1.
Preserving the distinctive historic, archaeological and architectural
characteristics of St. Charles which represent elements of the City's
cultural, social, economic, political and architectural history;
2.
Fostering civic pride in the beauty and accomplishments of the past
as represented in St. Charles landmarks;
3.
Conserving and improving the value of property designated as landmarks;
and
4.
Protecting and enhancing the attractiveness of the City to home buyers,
tourists, visitors and shoppers and thereby supporting and promoting
business and providing economic benefit to the City.
B.
Permitted Uses. Any use, accessory use or conditional use
permitted in the zoning district in which the premises are situated
and upon which the Landmark Preservation District is superimposed.
C.
Building, Sign And Occupancy Permits.
1.
No person shall build, erect, construct or alter buildings or structures on the designated property, other than routine maintenance or repairs, without first having obtained a certificate of appropriateness from the Historic Landmarks Preservation and Architectural Review Board. In reviewing applications for certificates of appropriateness, design guidelines approved by the City Council for the property shall be used. Furthermore, no person shall demolish or remove structures, in whole or in part, without first having obtained a certificate of demolition or removal from the Historic Landmarks Preservation and Architectural Review Board. In reviewing applications for a certificate of demolition or removal, criteria provided in Section 400.1280 shall be used. The painting of buildings does not require a Certificate of Appropriateness when colors listed on the approved color chart are utilized.
2.
No building permit, sign permit, certificate of occupancy or demolition
permit shall be issued for any building or structure within a Landmark
Preservation District unless the applicant shall furnish with an application
for such permit a copy of any necessary certificate of appropriateness
or certificate of demolition or removal.
[Ord. No. 12-86 §1, 5-24-2012]
A.
Purpose. The purpose of the "FSC/HD" Fifth Street Corridor/Hospital
District is to promote and facilitate redevelopment, reinvestment
and rejuvenation in the Fifth Street Corridor and in the neighborhood
surrounding the SSM St. Joseph Medical Center and to achieve the goals
and objectives of the master plan for these areas, Sustainable Gateways
to the Heart of St. Charles.
B.
District Boundary. The boundary of the "FSC/HD" Fifth Street
Corridor/Hospital District shall be defined as follows:
Beginning at the centerline of Boone's Lick Road and the extension
of the Eastern property line of the parcel currently known as 1050
S Fifth Street; thence Northwesterly along the Eastern property line
of parcel currently known as 1050 S Fifth Street to the Eastern property
line of parcel currently known as 1020 S Fifth Street; thence meandering
Easterly and Northerly along the Eastern property line of 1020 S Fifth
Street to the Eastern property line of parcel currently known as 1016
S Fifth Street; thence Northeasterly along the Eastern property line
of parcel currently known as 1016 S Fifth Street to the extension
of the centerline of the alleyway between S Fifth Street and S Fourth
Street; thence Northeasterly along the centerline of the alleyway
between S Fifth Street and S Fourth Street and its extension to centerline
of McDonough Street; thence Northeasterly from the centerline of McDonough
Street and the extension of the Eastern property line of 418 McDonough
Street to the South Eastern property corner of 418 McDonough Street;
thence continuing from the property corner and along the property
line of parcel currently known as 418 McDonough Street to the Northern
property line of 418 McDonough Street; thence Northwesterly along
the Northern property line of parcel currently known as 418 McDonough
Street to the extension of the Western boundary of the alleyway between
South Fifth Street and South Fourth Street; thence Northwesterly along
the alleyway and its extension between South Fifth Street and South
Fourth Street to the Southern property line of the parcel currently
known as 500 South Fifth Street; thence Easterly along the Southern,
Eastern and Northern property line of 500 South Fifth Street to the
extension of the Eastern property line of the parcel currently known
as 424 Tompkins; thence Northerly and Westerly along the Eastern and
Northern property line of the property currently known as 424 Tompkins
to the extension of the Eastern property line of the parcel currently
known as 423 Jackson Street; thence Northerly along the Eastern boundary
line and its extensions to the Southern property line of parcel currently
known as 423 First Capitol Drive; thence Easterly and Northerly along
the Southern and Eastern property line of parcel currently known as
423 First Capitol Drive to the Southwestern property corner of parcel
known as 405 First Capitol Drive; thence Easterly and Northerly along
the Southern and Eastern property line of the parcel known as 423
First Capitol Drive to the extension of the Southern property line
of the parcel currently known as 6-009D-B087-00-7; thence easterly
along the extension and the Southern property line to the Southern
parcel line of property currently known as 315 First Capitol Drive;
thence Easterly along the property line of parcel currently known
as 315 First Capitol Drive to its intersection of the Western property
line of the parcel currently known as 301 First Capitol Drive; thence
Southerly and Easterly along the Western and Southern parcel line
and its extension to the Western boundary line of parcel currently
known as 324 S Third Street; thence Southerly, Easterly and Northerly
along the Western, Southern and Eastern property lines of parcel currently
known as 324 S Third Street to the extension of the southern parcel
line of property currently known as 300 South Second Street; thence
Easterly along the Southern property line of parcel currently known
as 300 S Second Street to the Western boundary line of the alleyway
between South Second Street and South Main Street; thence Northerly
along the Western boundary line of the alleyway between South Second
Street and South Main Street to the Northeastern property corner of
parcel currently known as 128 South Second Street; thence Westerly
to the Eastern property line of parcel currently known as 131 Jefferson
Street; thence Northerly along the Eastern property line of parcel
currently known as 131 Jefferson Street to the Southern right-of-way
line of Jefferson Street; thence Westerly along the Southern right-of-way
line of Jefferson Street to the extension of the Eastern property
line of 302 Jefferson Street; thence Northeasterly along the Eastern
extension and the Eastern property line of the parcel currently known
as 302 Jefferson Street to the Southern alleyway line between Jefferson
Street and Washington Street; thence Northwesterly along the Southern
alleyway line between Jefferson Street and Washington Street and extending
to the Eastern property line of 404 Jefferson Street; thence Northeasterly
along the Eastern property line of 404 Jefferson Street to the Southern
alleyway boundary line between Jefferson Street and Washington Street;
thence Westerly along the Southern alleyway boundary line between
Jefferson Street and Washington Street to the Northwestern corner
of the parcel currently known as 424 Jefferson Street; thence Southerly
along the Western property line of parcel currently known as 424 Jefferson
Street and its extension to the Northwestern property corner of the
parcel currently known as 112 South Fifth Street; thence from the
Northwestern property corner of parcel currently know as 112 South
Fifth Street extending across South Fifth Street to the Northern property
line of the parcel currently known as 505 Jefferson Street; thence
Westerly along the Northern property line of 505 Jefferson Street
to the Eastern property corner of parcel currently known as 515 Jefferson
Street; thence Westerly and Southerly along the Northern and Western
property line of parcel currently known as 515 Jefferson Street and
extending across the alley between Jefferson Street and Madison Street
to the Northern property line of parcel currently known as 512 Madison
Street; thence Westerly along to the Northern property line of parcel
currently known as 512 Madison Street to the Northeastern property
corner of parcel currently known as 520 Madison Street; thence Westerly
and Southerly along the Northern and Eastern property lines of 520
Madison Street and its extension to the Northern property line of
parcel currently known as 524 First Capitol Drive; thence Westerly
along the Northern property line of 524 First Capitol Drive to the
Northeastern property corner of parcel currently known as 546 First
Capitol Drive; thence meandering Westerly and Southerly along the
Northern and Western property line of parcel currently known as 546
First Capitol Drive to the Northeastern property corner of parcel
currently known as 566 First Capitol Drive; thence Westerly and Southerly
along the Northern and Western property line of parcel currently known
as 566 First Capitol Drive and its extension across First Capitol
Drive to the Northwestern property corner of parcel currently known
as 571 First Capitol Drive; thence Southerly along the Western property
line of parcel currently known as 571 First Capitol Drive to the Northwestern
property corner of parcel currently known as 6-009D-B188-00-4; thence
Southerly and Easterly along the Western and Southern property line
of parcel currently known as 6-009D-B 188-00-4 to the Western property
line of parcel currently known as 559 First Capitol Drive; thence
Southerly and Easterly along the Western and Southern property line
of parcel currently known as 559 First Capitol Drive to the Southwestern
corner of property currently known as 555 First Capitol Drive; thence
Easterly along the Southern property line of parcels currently known
as 555, 547, and 545 First Capitol Drive and extending across South
Benton Avenue to the Southern property line of parcel currently known
as 529 First Capitol Drive; thence Easterly along the Southern property
line of parcels currently know as 529, 527 and 519 First Capitol Drive
to the Northeastern property corner of 519 First Capitol Drive; thence
extending across alleyway between First Capitol Drive and Jackson
Street to the Northern property line of parcel currently known as
531 Jackson Street; thence meandering Westerly, Southerly and Easterly
along the Northern, Southern and Eastern property lines of parcel
currently known as 531 Jackson Street and extending across Tompkins
Street to the Eastern alleyway right-of-way line of alley between
South Fifth Street and South Benton Avenue; thence Southerly along
the Eastern alleyway right-of-way line between South Fifth Street
and South Benton Avenue and extending across McDonough Street to the
Northeastern property line of the parcel currently known as 922 South
Benton Avenue; thence Southerly along the Eastern property line of
parcel currently known as 922 South Benton Avenue to the Northeastern
property corner of parcel currently known as 924 South Benton Avenue;
thence Southerly and Westerly along the Eastern and Southern property
line of parcel currently known as 924 South Benton Avenue to its Southwestern
property corner also known as the Eastern right-of-way line of South
Benton Avenue; thence Southerly along the Eastern right-of-way line
of South Benton Avenue to the Northwestern property corner of parcel
currently known as 1100 South Benton Avenue; thence Easterly and Southerly
along the Northern and Eastern property line of parcel currently known
as 1100 South Benton Avenue to the Southeastern property corner of
1100 South Benton Avenue; thence in a Southerly direction along the
Eastern property lines of properties currently known as 1104, 1108,
1112, 1120, 1144, 1148 South Benton Avenue to the Northeastern property
corner of the parcel currently known as 6-014A-4309-00-25; thence
meandering Westerly and Southerly along the Eastern and Southern property
lines of parcel currently known as 6-014A-4309-00-25 to the Eastern
right-of-way line of South Benton Street; thence Southerly along the
Eastern right-of-way line of South Benton Street and its extension
to the centerline of Boone's Lick Road; thence Easterly along the
centerline of Boone's Lick Road and back to the point of beginning.
C.
District Regulations. The regulations governing development
and land use within the "FSC/HD" Fifth Street Corridor/Hospital District
shall be the St. Charles Gateways Smartcode dated April 9, 2012 which
is on file in the City offices as Exhibit A and is incorporated herein
by reference.