[Added 3-11-2014 by Ord. No. 9048]
The purpose of this district is to implement the City of El
Reno Comprehensive Plan and to accommodate a limited group of professional,
administrative, commercial, wholesale, retail, service, research and
manufacturing uses which operate quietly and cleanly. This district
will provide a transition between residential districts and industrial
districts. A variety of uses, including light industrial and commercial,
are allowed in the district. The appearance of businesses may therefore
vary from parcel to parcel, but may include industrial or business
parks, commercial uses, warehouses, parking, landscaped areas, and
food and lodging facilities.
MUB Districts are permitted throughout the City along arterials
and collectors on any lot that has at least 100 feet of frontage on
an arterial or collector as defined by the City of El Reno Comprehensive
Plan. Mixed Use Business Districts shall not be permitted on any site
that does not have at least 100 feet of frontage on an arterial or
collector.
A.
Uses permitted by right. A use listed in the table below shall be
permitted by right as a principal use in a district when denoted by
the letter "X," provided that all requirements of this and all other
City ordinances have been met.
B.
Conditional uses. A use listed in the table below shall be permitted as a conditional use in a district when denoted by the letter "P," provided the Municipal Planning Commission first makes the determination that the use is permitted, subject to acquiring a conditional use permit as set forth in Article XXII of the El Reno City Code.
|
Table of Permitted Uses
| ||
|---|---|---|
|
Use
|
MUB
| |
|
Accessories for vehicles or equipment whose sale is permitted,
but not including the rebuilding or recapping of tires
|
X
| |
|
Addressing, duplicating, mailing, mailing list, stenographic,
telephone messages and similar office services
|
X
| |
|
Advertising agency
|
X
| |
|
Aerosol containers: filling on contract basis
|
X
| |
|
Air-conditioning shop
|
X
| |
|
Air-conditioning and heating equipment
|
X
| |
|
Aircraft parts: sales, service, rental or repair, including
airframes and engines
|
P
| |
|
Aircraft transportation
|
P
| |
|
Airway beacon or marker
|
X
| |
|
Amusement park, commercial
|
X
| |
|
Animal hospital
|
P
| |
|
Animal hospital serving household pets and similar small animals
with outside runs
|
P
| |
|
Animal hospital serving household pets and similar small animals
without outside runs
|
X
| |
|
Antique store
|
X
| |
|
Apparel and accessories store
|
X
| |
|
Apparel and other textile products
|
X
| |
|
Appliance store
|
X
| |
|
Armored car service
|
X
| |
|
Architects' and/or artists' supplies and equipment (store selling)
|
X
| |
|
Armature rewinding shop
|
X
| |
|
Art gallery and/or school
|
X
| |
|
Artists' studio
|
X
| |
|
Artists' or photographers' studio, not including the processing
of film for others
|
X
| |
|
Auctioneer (non-animal)
|
X
| |
|
Auditorium or arena
|
X
| |
|
Automatic merchandising establishment
|
X
| |
|
Automobile accessory and supply store
|
X
| |
|
Automobile accessory, tire or battery stores without tire recapping
|
X
| |
|
Automobile and truck rental
|
X
| |
|
Automobile and truck sales (new and used) and service
|
X
| |
|
Automobile body shop
|
X
| |
|
Automobile parking or storage, as a principal use
|
X
| |
|
Automobile repair shop
|
X
| |
|
Automobile sales, new or used
|
X
| |
|
Automobile wash service, including self-service
|
X
| |
|
Automotive service station, not including body or motor repair
or painting
|
X
| |
|
Bank, including drive-in facilities
|
X
| |
|
Bar
|
P
| |
|
Barber or beauty shop
|
X
| |
|
Beer sales for consumption off the premises
|
X
| |
|
Beer tavern
|
P
| |
|
Bicycle repair
|
X
| |
|
Bicycle sales
|
X
| |
|
Billiard or pool parlor
|
X
| |
|
Blueprinting, photocopying and similar reproductive services
|
X
| |
|
Boarding or rooming house
|
P
| |
|
Boarding or training animals
|
P
| |
|
Boat accessory store
|
X
| |
|
Boat and marine rental, repair, sales
|
X
| |
|
Boat rental or storage
|
X
| |
|
Book bindery
|
P
| |
|
Bookstore, not including newsstand
|
X
| |
|
Bottling plant
|
X
| |
|
Bottling works, all beverages
|
X
| |
|
Bowling alley
|
X
| |
|
Broadcasting or recording studio
|
X
| |
|
Brewery (no sales on premises)
|
X
| |
|
Brewery (sales on premises)
|
P
| |
|
Building materials
|
P
| |
|
Building materials or lumber: wholesale sales
|
X
| |
|
Building services, including janitorial service, floor waxing
and office cleaning
|
X
| |
|
Building supplies, including sale of lumber
|
X
| |
|
Buses: sales, service, rental and repair
|
P
| |
|
Business machines, sales, service, repair or rental of
|
X
| |
|
Business school
|
P
| |
|
Bus station
|
X
| |
|
Cabinet maker
|
X
| |
|
Camera and photographic supply store
|
X
| |
|
Canvas or canvas products
|
X
| |
|
Carnival, circus or similar temporary amusement enterprise
|
X
| |
|
Carpentry, custom woodworking or furniture making
|
X
| |
|
Carpentry, woodworking or furniture working
|
X
| |
|
Carting, crating, express handling, moving or storage
|
X
| |
|
Catalog office (mail order house)
|
X
| |
|
Catering establishment
|
X
| |
|
Ceramic products
|
X
| |
|
Child-care center
|
X
| |
|
Church, synagogue or temple, including Sunday School facilities
|
X
| |
|
City, county, school district, state or federal facilities
|
X
| |
|
City or county jail
|
X
| |
|
Civil defense and related activities facilities
|
X
| |
|
Cleaning and pressing collection station
|
X
| |
|
Clinic, dental, medical or osteopathic, chiropodist, pharmacy
|
X
| |
|
Clothing: custom dressmaking or altering for retail, including
tailoring and millinery
|
X
| |
|
Clothing sales, new
|
X
| |
|
Clothing, secondhand
|
X
| |
|
Club (private)
|
P
| |
|
Cold storage plant
|
X
| |
|
College, junior college, professional school: public or equivalent
private
|
X
| |
|
Community center, public
|
X
| |
|
Compounding of cosmetics, toiletries, drugs and pharmaceutical
products
|
X
| |
|
Computing, data processing or similar service
|
P
| |
|
Construction equipment repair, sales or storage
|
P
| |
|
Contractor (general or heavy construction) facilities other
than office
|
P
| |
|
Contractor (special trade): facilities other than office
|
X
| |
|
Convalescent, maternity or nursing home
|
X
| |
|
Crating, carting, express handling
|
X
| |
|
Curio shop
|
X
| |
|
Dance hall
|
X
| |
|
Dance school
|
X
| |
|
Data processing
|
X
| |
|
Delicatessen
|
X
| |
|
Delivery service
|
X
| |
|
Dental clinic
|
X
| |
|
Dental laboratory
|
X
| |
|
Department store
|
X
| |
|
Detective or protective service
|
X
| |
|
Diaper service
|
X
| |
|
Direct selling organization
|
X
| |
|
Direct selling organization, retail
|
X
| |
|
Disinfecting, deodorizing or exterminating service
|
X
| |
|
Distiller (no sales on premises)
|
X
| |
|
Distiller (sales on premises)
|
P
| |
|
Dog grooming
|
X
| |
|
Drafting service
|
X
| |
|
Dressmaking
|
X
| |
|
Drive-in restaurant
|
X
| |
|
Drive-in restaurant not serving beer
|
X
| |
|
Drive-in restaurant serving beer
|
P
| |
|
Driving school, private
|
X
| |
|
Drugstore or proprietary store
|
X
| |
|
Dry-cleaning and dyeing plant
|
X
| |
|
Dry-cleaning, pickup and self-service
|
X
| |
|
Dry goods store
|
X
| |
|
Dwelling
|
P
| |
|
Eating place other than drive-in, including serving of beer
and providing of entertainment
|
P
| |
|
Eating places other than drive-in not serving beer
|
X
| |
|
Eating place other than drive-in, not serving beer or providing
dancing or entertainment
|
X
| |
|
Electrical appliance, equipment and supplies
|
X
| |
|
Electrical equipment assembly
|
X
| |
|
Electrical supplies
|
X
| |
|
Electric generating plant
|
P
| |
|
Electric regulating substation
|
P
| |
|
Electric utility maintenance facility
|
X
| |
|
Electronic equipment assembly and manufacture
|
X
| |
|
Employment service
|
X
| |
|
Engineer's supplies and equipment (sale of)
|
X
| |
|
Equipment rental (conducted within buildings)
|
X
| |
|
Express handling
|
X
| |
|
Exterminating service
|
X
| |
|
Facilities of ad hoc governmental agencies
|
X
| |
|
Farm equipment sales, service, rental, repair
|
X
| |
|
Farm supply store
|
X
| |
|
Feed and fertilizer sales
|
X
| |
|
Financial institution
|
X
| |
|
Financial institution, other than pawnshop
|
X
| |
|
Fine arts studio
|
X
| |
|
Fire extinguisher service
|
X
| |
|
Fire protection and related activities facility
|
X
| |
|
Florist shop
|
X
| |
|
Food locker plant
|
X
| |
|
Food products, including bakery products, candy, fruit and vegetable
processing and canning, packing and processing of meats and poultry,
but not including slaughtering of animals or poultry
|
X
| |
|
Food store, including bakery (retail only)
|
X
| |
|
Fraternal organization
|
X
| |
|
Freight depot, railroad or truck
|
X
| |
|
Freight forwarding service
|
X
| |
|
Funeral home, mortuary or undertaking establishment
|
X
| |
|
Furniture and home furnishings, sales and repair
|
X
| |
|
Furniture, home furnishings and equipment store
|
X
| |
|
Furniture manufacturing
|
X
| |
|
Fur repair and storage
|
X
| |
|
Garage or parking for commercial or public utility vehicles
|
X
| |
|
Garden supply store
|
X
| |
|
Gasoline service station
|
X
| |
|
Gas pressure control station
|
P
| |
|
Gas utility maintenance facility
|
P
| |
|
General store: general merchandise store
|
X
| |
|
Gift, novelty or souvenir shop
|
X
| |
|
Golf course, including commercially operated driving range or
miniature golf course
|
X
| |
|
Golf driving range, commercial
|
X
| |
|
Grain milling or processing, grain elevators and storage
|
P
| |
|
Gunsmith shop
|
X
| |
|
Hardware, industrial sales
|
P
| |
|
Hardware store
|
X
| |
|
Hat cleaning or repair shop
|
X
| |
|
Hay, grain or feed store
|
P
| |
|
Heating equipment
|
X
| |
|
Highway or street maintenance garage, yard or similar facility
|
X
| |
|
Hospital, health center, institution for aged or children
|
X
| |
|
Hospital restricted to mental, narcotics or alcoholic patients,
sanatorium
|
X
| |
|
Hotel or motel
|
X
| |
|
Household appliance store
|
X
| |
|
Ice plants, dry or natural
|
X
| |
|
Ice vending establishment
|
X
| |
|
Institution, nonresidential
|
X
| |
|
Instrument and meter manufacturing
|
X
| |
|
Interior decorating shop
|
X
| |
|
Jewelry manufacturing
|
X
| |
|
Jewelry sales and repair
|
X
| |
|
Jewelry, watchmaking
|
X
| |
|
Keyshop (locksmith)
|
X
| |
|
Laboratory: research, development or testing
|
X
| |
|
Laundry (except self-service) and laundry services
|
P
| |
|
Laundry (maximum 24 machines)
|
X
| |
|
Laundry, pickup station only
|
X
| |
|
Laundry plant
|
X
| |
|
Laundry, self-service
|
X
| |
|
Leather goods fabrication
|
X
| |
|
Leather goods or luggage store
|
X
| |
|
Library: private nonprofit and public, other than branch
|
X
| |
|
Limited-price variety store
|
X
| |
|
Linen supply or industrial laundry
|
X
| |
|
Liquor store
|
P
| |
|
Locksmith, key shop
|
X
| |
|
Lodge
|
X
| |
|
Lumber (sale of), inside storage only
|
X
| |
|
Lumber yard
|
X
| |
|
Mail order house: catalog office or retail store
|
X
| |
|
Manufacturing NEC, appropriate in the more restrictive industrial
districts
|
X
| |
|
Marine and boat rental, repair, sales
|
X
| |
|
Mattresses, rebuilding or renovating
|
X
| |
|
Medical or dental clinic
|
X
| |
|
Medical or dental laboratory
|
X
| |
|
Metals or minerals (except petroleum products or scrap) sales
|
X
| |
|
Microbrewery
|
P
| |
|
Millinery
|
X
| |
|
Mobile homes or travel trailers, sales and service
|
X
| |
|
Mobile home park
|
P
| |
|
Monument sales
|
X
| |
|
Monument works
|
X
| |
|
Motel
|
X
| |
|
Motion-picture distribution and services
|
X
| |
|
Motion-picture theater
|
X
| |
|
Motion-picture theater, drive-in
|
P
| |
|
Multifamily dwellings
|
P
| |
|
Museum or art gallery
|
X
| |
|
Music, musical instruments or phonograph record store
|
X
| |
|
Music studio
|
X
| |
|
Newspaper distribution station
|
X
| |
|
Newspaper offices, print shop
|
X
| |
|
Newsstand
|
X
| |
|
News syndicate service
|
X
| |
|
Nursery school or day nursery
|
X
| |
|
Office equipment and supplies, retail sales, service, rental
or repair
|
X
| |
|
Offices, general
|
X
| |
|
Offices of nonprofit membership association
|
X
| |
|
Office, professional
|
X
| |
|
Offices, professional and governmental
|
X
| |
|
Oil and gas well drilling
|
P
| |
|
Oil field equipment and supplies: sales, service, rental, or
repair
|
X
| |
|
Oil field or oil well supplies
|
X
| |
|
Optician, optical laboratory or supplies
|
X
| |
|
Optical goods manufacturing
|
X
| |
|
Optician or optometrist
|
X
| |
|
Orthopedic or medical supplies
|
X
| |
|
Osteopathic clinic
|
X
| |
|
Outdoor advertising plant
|
X
| |
|
Packing or crating service
|
X
| |
|
Paint, glass or wallpaper store
|
X
| |
|
Paper products, including envelopes, stationery, wallpaper manufacturing
|
X
| |
|
Parish house, parsonage or rectory
|
P
| |
|
Parking for commercial or public utility vehicles
|
X
| |
|
Parking and storage of oil field trucks and related equipment
|
P
| |
|
Parking (automobile) or storage as a principal use
|
X
| |
|
Pawnshop
|
X
| |
|
Petroleum pipeline or pressure control station
|
P
| |
|
Petroleum pressure control station
|
P
| |
|
Pet shop
|
X
| |
|
Pharmacy
|
X
| |
|
Phonograph record store
|
X
| |
|
Photocopying and similar reproductive services
|
X
| |
|
Photofinishing service
|
X
| |
|
Photographic studio
|
X
| |
|
Picture framing
|
X
| |
|
Pipeline pressure control station
|
P
| |
|
Plastic products, including luggage, tableware or similar products
|
X
| |
|
Plumbing fixtures, sales and service
|
X
| |
|
Police protection and related activities facility
|
X
| |
|
Pool parlor or billiard parlor
|
X
| |
|
Postal service facilities
|
X
| |
|
Prescription pharmacy
|
X
| |
|
Printing and publishing, including engraving or photoengraving
|
X
| |
|
Radio, television, photograph or other household electronics
equipment store
|
X
| |
|
Radio transmitting station or tower
|
P
| |
|
Radio transmitting station or tower, other than amateur
|
X
| |
|
Railroad passenger terminal
|
X
| |
|
Recording studio
|
X
| |
|
Recreational vehicle park
|
P
| |
|
Religious goods store
|
X
| |
|
Repair service limited to equipment (wholesale is permitted
use in the district in which the repair service is located)
|
X
| |
|
Restaurant
|
X
| |
|
Rug cleaning or repairing
|
P
| |
|
Sales, service, repair or rental of business machines
|
X
| |
|
Savings and loan, including drive-in
|
X
| |
|
School, commercial or trade
|
X
| |
|
School, elementary: public or equivalent private
|
X
| |
|
School, private: barber, beauty, business, commercial art, correspondence,
stenographic, trade or vocational
|
X
| |
|
School, secondary: public or equivalent private
|
X
| |
|
Sewage pressure control station
|
P
| |
|
Sewage treatment plant
|
P
| |
|
Sewage treatment plant or sludge drying bed
|
P
| |
|
Sewing machine store
|
X
| |
|
Shoe sales and repair
|
X
| |
|
Sign painting
|
X
| |
|
Skating rink
|
X
| |
|
Solid waste disposal facilities
|
P
| |
|
Sporting goods sales
|
X
| |
|
Sporting or athletic equipment manufacturing
|
X
| |
|
Stadium, arena or similar facility
|
P
| |
|
Stationery store
|
X
| |
|
Storage, mini-warehousing
|
X
| |
|
Store selling architects', artists', or engineers' supplies
and equipment or dental, medical or office supplies or equipment
|
X
| |
|
Studio, photographic, musical, fine arts
|
X
| |
|
Swimming pool, public
|
X
| |
|
Tailoring
|
X
| |
|
Taxicab garaging and maintenance
|
X
| |
|
Taxicab stand or dispatching station
|
X
| |
|
Taxidermist
|
X
| |
|
Telegraph transmitting or receiving station
|
X
| |
|
Telephone exchange, including garage, shop or service facilities
|
X
| |
|
Telephone exchange station, relay tower
|
P
| |
|
Tennis courts, public
|
X
| |
|
Television sales and service
|
X
| |
|
Television transmitting tower or receiving station
|
P
| |
|
Television transmitting station or relay tower
|
X
| |
|
Theater, drive-in
|
P
| |
|
Theater (except drive-in)
|
X
| |
|
Tobacco store
|
X
| |
|
Toy store
|
X
| |
|
Transportation ticket service
|
X
| |
|
Travel arranging service
|
X
| |
|
Truck, bus, train terminals
|
X
| |
|
Truck rental
|
X
| |
|
Truck sales
|
X
| |
|
Truck sales, service, rental, repair
|
X
| |
|
Variety store
|
X
| |
|
Vending machines: sales, service, rental or repair
|
X
| |
|
Venetian blind, window shades, awnings
|
X
| |
|
Veterinarian hospital with inside runs only
|
X
| |
|
Veterinarian hospital with outside runs
|
P
| |
|
Veterinarian, office only
|
X
| |
|
Warehousing, inside storage only
|
X
| |
|
Warehousing, NEC other than warehousing accessory to another
permitted use
|
X
| |
|
Water filtration plant, pump station elevated storage or reservoir
|
P
| |
|
Water treatment plant, storage facility or pressure control
station
|
P
| |
|
Wholesale establishment, stock limited to floor samples
|
X
| |
|
Wholesale establishment with stock not limited to floor samples
|
P
| |
|
Wholesaling, NEC
|
X
| |
|
Window cleaning service
|
X
| |
|
Winery (no retail sales on premises)
|
X
| |
|
Winery (sales on premises)
|
P
| |
Property development standards in the MUB District shall be
as follows:
|
Mixed Use Business District (MUB)
| ||
|---|---|---|
|
Minimum lot size
|
1/2 acre
| |
|
Minimum front yard setback:
| ||
|
Frontage on arterial
|
50 feet
| |
|
Frontage on minor street
|
30 feet
| |
|
Minimum rear yard setback(a)
|
20 feet
| |
|
Adjacent to residential use in place on or before the effective
date of this article
|
50 feet
| |
|
Minimum side yard setback:(b)
| ||
|
Interior lot
|
10 feet
| |
|
Corner lot
|
25 feet
| |
|
Adjacent to residential use in place on or before the effective
date of this article
|
50 feet
| |
|
Maximum height(c)
|
45 feet
| |
|
NOTES:
| |
|---|---|
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(a)
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If the rear yard abuts a railroad right-of-way or abuts property
zoned industrial, then there shall be no requirement for a rear yard
setback.
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(b)
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If the side yard abuts a railroad right-of-way or abuts property
which is zoned industrial, then there shall be no requirement for
a side yard setback.
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(c)
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Buildings constructed over 45 feet shall be treated as an application
for a conditional use.
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A.
Frontage. No parcel shall have frontage of less than 100 feet, measured
along the front property line, and if the lot abuts upon an arterial
street, the lot line adjacent to, and contiguous with, the arterial
street, whether it is the front lot line or not, shall not be less
than 100 feet in length. Lots which do not have at least 200 feet
or frontage on an arterial shall be developed as business parks or
industrial parks.
B.
Coverage. Maximum lot coverage shall not exceed 30% of the total
lot, exclusive of the street right-of-way. The total building coverage
of any lot shall not exceed that specified above, provided that landscaping,
lighting, fixtures, and similar improvements shall not be considered
as part of the total building coverage.
C.
Building density/massing. Maximum building length: 400 feet, staggered
so that no single face exceeds 200 feet.
D.
Accessory uses. Subject to compliance with the procedures of this
section, accessory buildings, structures, and uses are permitted in
conjunction with a permitted land use or development or (unless restricted
by applicable condition) a conditional land use or development when
such accessory building, structure or use is customarily found in
conjunction with the primary use, is a reasonably necessary incident
to the primary use, is clearly subordinate to the primary use, and
serves only to further the successful utilization of the primary use.
Accessory uses include the following:
A.
Off-street parking standards. The minimum off-street parking and loading requirements for any use or building in a Mixed Use District shall not be reduced below that required for the same use in any other industrial or commercial district as set forth in § 361-16, Off-street parking and loading, and Article XI, Industrial Districts. These requirements may exceed minimum standards as required by conditions where determined necessary. However, the Zoning Administrator may recommend a total reduction of not more than 20%, or 30% for developments greater than 500,000 square feet of gross floor area under single ownership or management control, of the required off-street parking and loading spaces where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided. The Zoning Administrator may recommend a further parking reduction beyond 30% for developments greater than 750,000 square feet of gross floor area under single ownership or management control based upon a similar approved study as above. All parking and loading areas must be paved with a durable and dustless surface.
B.
Landscaping.
(1)
Property shall be landscaped and screened in accordance with § 361-25, Landscaping, except that a minimum of 5% of the interior of a parking lot in the front of the principal use (not including setback and buffer area requirements) shall be pervious land area and shall be planted.
(2)
Landscape maintenance. The property owner is responsible for maintaining
a landscape plan as originally approved and for the replacement of
plant materials that have died, been damaged, or removed.
(3)
Waste receptacles. Solid waste, including empty packing crates and other excess materials, shall be disposed of, stored in buildings, or completely enclosed in containers or dumpsters, and shall not be permitted to accumulate on the lot. Containers and dumpsters shall be located in a side or rear yard on a paved surface in compliance with the minimum setbacks established in § 361-62 of this article and the screening requirements set forth in this Subsection B and § 361-25, Landscaping.
C.
Signs. Advertising signs relating to the permitted uses of this article shall be designed in such a manner as to be harmonious with the other design features of the site, and shall conform with § 361-23 as follows: Lots fronting Country Club Drive between Interstate 40 and Jensen Road and lots fronting Jensen Road within 500 feet of Country Club Drive will comply with the sign standards prescribed in § 361-23H, Commercial zoning districts, with the exception of those properties included in the I-40 Sign Overlay District as prescribed in § 361-23H(5).
D.
Site plan. Prior to the issuance of a building permit for any permitted
use, a site plan shall be submitted and approved in accordance with
the El Reno Code of Ordinances.
E.
Outside storage and refuse facilities. All permitted uses, accessory
activities and storage shall be confined within completely enclosed
buildings, with the exception of off-street parking spaces, off-street
loading berths, and signs.
(1)
Materials and supplies stored outside of the building shall be stored
within permanent containment structures.
(2)
No outside repair or maintenance of vehicles or equipment is permitted.
(3)
Refuse facilities. The refuse facility shall be screened so that
it is not visible from the street or adjacent properties.
(a)
Refuse containers shall be provided and maintained in a manner
to satisfy local health and sanitary regulations.
(b)
Each refuse facility shall be screened with an opaque fence
or wall to enclose the refuse facility from view on three sides by
a person standing at ground level on the site, or on the immediately
adjoining property; the fence or wall shall be tall enough to fully
screen the type of refuse container(s) used, but in no case less than
six feet in height.
(c)
If there is no other alternative for the location for the refuse
facility other than where the front opening is clearly visible from
the street or adjacent property, then an opaque gate with the same
height as the enclosure shall be provided.
(d)
Four-inch-diameter pipe barricades, 36 inches in height, filled
with concrete, are required inside each enclosure to protect the gate(s)
and enclosure walls from damage by refuse container(s) movement.
(e)
A minimum six-inch-thick concrete pad shall be provided for
the refuse container(s) enclosure, and a minimum 50 feet by 12 feet
unobstructed approach path constructed with a minimum six-inch-thick
concrete (recommended) or asphalt paving shall be provided for collection
truck access to the front of the enclosure. In addition, sufficient
area to maneuver the truck through the site, including a through driveway
or a turnaround area, must be provided. The collection truck must
be able to perform its required functions without backing across any
driveway entrance or onto any public street.
These regulations are intended to ensure a high quality environment
in regards to health, safety, and aesthetics. Establishments must
meet all applicable state and federal requirements. Establishments
may not create any dangerous, injurious, noxious or otherwise objectionable
fire, electrical, explosive, radioactive or other hazardous conditions
or emissions adversely affecting the surrounding area. The following
shall establish standards for vibration, noise, odor, smoke, toxic
gases, emissions, radiation, glare, and heat to minimize negative
effects on adjacent land uses and developments:
A.
Vibration. Every use shall be operated so that the maximum ground
vibration generated is not perceptible without instruments at any
point on the lot line of the lot on which the use is located.
B.
Noise.
(1)
Distance of measurement. Noise emitted within any Mixed Use Business
District shall be measured at a distance of at least 25 feet from
the noise source located within the public right-of-way, and if the
noise source is located on private property or property other than
the public right-of-way, at least 25 feet from the property line of
the property on which the noise source is located.
(2)
Setback requirements. Any new structures, machines or stationary
equipment that may be considered to cause or emit excessive noise
pollution will be required to be 200 feet from any adjoining property
and the roadway; and 300 feet from any other occupied nonindustrial
buildings not located on that parcel of land that are in place on
or before the effective date of this article.
(3)
Measurement.
(a)
Noise shall be measured on a sound level meter of standard design
and quality having specifications recognized and established by the
American National Standards Institute.
(b)
Measurements with sound level meters shall be made when wind
velocity at the time and place of the measurement is not more than
five miles per hour, or 25 miles per hour with a windscreen.
(c)
In all sound level measurements, consideration shall be given
to the effect of the ambient noise level created by the encompassing
noise of the environment from all sources at the time and place of
the sound level measurement.
(d)
Permissible defined levels. A noise or recognized noise pollution
measured or in excess of the guidelines and measured in accordance
with the above requirements is declared to be excessive, unusually
loud and is unlawful in Mixed Use Business Districts.
(e)
Permissible daytime levels. Between the hours of 6:00 a.m. and
9:00 p.m., nuisance noise shall not exceed 70 dB(A).
(f)
Permissible nighttime levels. Between the hours of 9:00 p.m.
and 6:00 a.m., nuisance noise shall not exceed 60 dB(A).
(4)
Exceptions. Noise emitted from the following sources shall be exempt
from the noise standards specified herein:
[Amended 6-12-2018 by Ord. No. 9147]
(a)
Restaurants, parks, amphitheaters, dance halls, or other places
of assembly offering outdoor music between the hours of 7:00 a.m.
and 12:00 midnight.
(b)
All safety signals and warning devices (e.g., intrusion alarms,
back-up alarms on trucks); authorized vehicles when responding to
emergencies (e.g., police, fire, ambulance sirens or any other device
used to alert persons to an emergency or used during the conduct of
emergency work).
(c)
The provision, repair and maintenance of municipal services
or public utilities.
(d)
Heavy construction equipment when being used on a specific short-term
project (such as constructing a building, constructing, repairing
or cleaning a road, and other similar short-term, specific construction,
demolition, or repair projects) for the duration of such short-term,
specified project, provided such heavy construction equipment is operated
within the manufacturer's specifications and with all standard noise-reducing
equipment in use, unmodified and in proper operating condition.
(e)
All farm-related operations and activities as currently operated.
(f)
Special waiver. A temporary special waiver from strict compliance
with the noise standards specified herein may be granted to persons
or a business during emergency circumstances, and as determined by
the City Council following a recommendation from the Municipal Planning
Commission, to permit reasonable time to effect repairs.
C.
Odor. Every use shall be so operated that no offensive or objectionable
odor is detectable beyond the lot lines on which the use is located.
D.
Smoke. Every use shall be so operated that no smoke from any source
shall be emitted that is detectable beyond the lot lines on which
the use is located.
E.
Toxic gases. Every use shall be so operated that there is no emission
of toxic, noxious, or corrosive fumes or gases detectable beyond the
lot lines on which the use is located.
F.
Emission of dirt, dust, fly ash, and other forms of particulate matter.
The emission of dirt, dust, fly ash, and other forms of particulate
matter shall not be detectable beyond the lot lines on which the use
is located.
G.
Radiation. Every use shall be so operated that there is no dangerous
amount of radioactive emissions.
H.
Glare and heat. Any operation producing intense glare or heat shall
be performed in an enclosure in such a manner as to be imperceptible
along any lot line without instruments.
I.
Hours of operation. Uses permitted under MUB zoning shall not commence
operation before 7:00 a.m. and shall cease operations no later than
9:00 p.m.
J.
Lighting. Exterior site lighting shall provide adequate and sufficient
security and safety lighting for the site while also protecting any
adjacent residential properties from unwanted light spill. Exterior
site lighting shall meet the following provisions:
(1)
Lighting structures, including poles and light fixtures, shall provide
for the functional and security needs of the project without adversely
impacting adjacent properties. Lighting should enhance the overall
aesthetics of the site. The lighting should be integrated with the
architectural design of the buildings.
(2)
Light sources (light bulbs) shall not be visible. They shall be shielded
to reflect the light down on the ground and not onto the adjacent
streets or adjacent property. Any light fixture installation that
would interfere by reason of glare or distraction with traffic movement
on the adjoining streets or produce other traffic hazards is prohibited.
(3)
The installed fixture height, spacing, mounting location, illumination
levels, as well as the number and type of fixtures, shall be reviewed
as part of the site plan. The lighting design must reflect the following
criteria:
(a)
Illumination level. The average maintained illumination level
shall not be more than 4.0 footcandles or less than 0.2 footcandle,
with a maximum uniformity ratio (average to minimum) of 14:1 over
the entire site.
(b)
Light trespass onto adjacent residential properties. The illumination
level beyond the property line shall not be greater than 0.1 footcandle.
(c)
Glare control. Full-cut-off fixtures (90° from vertical)
shall be required for all light sources greater than 2,000 initial
lumens (approximately the equivalent of a 150 watt incandescent bulb).
All principal structures shall conform to the regulations for exterior finishes prescribed for commercial uses in § 361-28C(3).
The following standards shall be met as a condition of approval
of any specific use permit or site plan for new construction of an
MUB use when abutting a developed residential use in place on or before
the effective date of this article. Residential uses constructed in
areas recommended for MUB as shown on the Future Land Use Map of the
Comprehensive Plan shall not be afforded additional protection from
future MUB development.
A.
Height limit related to setback. Buildings and permanent structures
on sites adjacent to protected nonconforming uses as defined in this
chapter shall not exceed 35 feet in height.
B.
Sensitive border yards.
(1)
Base yards. The following sensitive border yards shall apply to any applicable use when such yards abut a developed residential use. The table below provides the sensitive border yard standards. Such yards may be reduced in accordance with Subsection B(2) below.
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Sensitive Border Yards
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Residential Protection Yard
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MUB
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Rear
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80 feet
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Side
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80 feet
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(2)
Reduction of yard. The sensitive border yard requirements in Subsection B(1) above may be reduced when the following features are utilized in the yard abutting the residential use:
(a)
A landscaped buffer 10 feet in width along the entire length of the residential property line shall result in a reduction of 10 feet in the required sensitive border yard. Such buffer shall contain a minimum of three shade trees, three evergreen trees and 30 five-gallon-container stock shrubs per 100 linear feet. In the event that a wall as described in Subsection B(2)(b) below is not utilized, then such shrubs shall be evergreen. The property owner is responsible for maintaining a landscape plan as originally approved and for the replacement of plant materials that have died, been damaged, or removed.
(b)
An eight-foot-high masonry wall along the entire length of the
residential property line shall result in a reduction of 10 feet in
the required yard.
(c)
Berms. The construction of an approved berm shall result in
a reduction of 10 feet in the required yard. Berms shall vary in height
and width and must be planted with drought-tolerant plants. Berms
are to be constructed and planted as follows:
[1]
Construction of an earthen berm requires a permit from the City.
The permit application shall be signed by the owner and accompanied
by a site plan indicating the exact location of the berm, the width,
height and length of the berm, existing land contours and proposed
contours.
[2]
The height of the berm shall not exceed 12 feet, and the slope
of the berm shall not exceed one foot of vertical rise per three feet
of horizontal distance (a maximum slope of 3:1).
[3]
Construction of the berm shall comply with applicable portions
of the zoning ordinance dealing with stormwater runoff and, if located
in a floodplain, shall comply with the provisions contained in the
flood damage prevention ordinances.[1]
[4]
Berms adjacent to paved surfaces must be graded to capture all
irrigation runoff or to convey it to an appropriate stormwater management
feature.
[5]
The berm shall be landscaped; its landscaping shall be maintained
by the property owner and shall comply with the following provisions:
[a]
Grass or ground cover shall be planted on the berm.
Proper siltation control shall be effected until such grass or ground
cover is established.
[b]
Trees or shrubs shall be planted on the berm. At
least 1/2 of the plant material shall be evergreen trees or shrubs.
Evergreen trees shall be a minimum of six feet in height, and deciduous
trees shall be not less than two inches in diameter measured one foot
above the ground when planted.
[c]
All plant material shall be maintained by mowing,
trimming, and removal of trash on a regular basis. Dead plant material
shall be removed and replaced.
[d]
The construction, maintenance, and landscaping
of a berm shall not interfere with traffic sight lines on an adjacent
street or highway.
(3)
Activity permitted in Mixed Use Business yard. Parking spaces, fire
lanes, detention areas, trails and sidewalks are activities permitted
in the sensitive border. No portion of any building in the sensitive
border yard shall provide service facilities such as loading areas.
(4)
Variance. It is recognized that due to unique site conditions presented
by any application, particularly the redevelopment of existing industrial
uses, and in the built environment, the above-listed base yard standards
may be determined to not be applicable by the Municipal Planning Commission
and City Council.
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C.
Equipment and facility screening.
(1)
Fencing. Any applicable use shall require sight-proof fencing, no
less than six feet in height, on any portion of the property which
abuts a developed residential use.
(2)
Screening of parking. The parking area for more than six vehicles
shall be screened from the abutting residential property by an opaque,
ornamental fence or wall not less than six feet high and not more
than eight feet high. The fence or wall shall be constructed and maintained
in a good condition along the applicable lot line or paving line and
shall continue up to, but not beyond, the abutting residential building
street yard setback line.
(3)
Refuse facilities. No container used for refuse collection, recycling,
trash compaction or the holding of grease shall be located in a yard
abutting residential property. If the applicable use is surrounded
by residential properties, then the facility shall be located a minimum
of 25 feet from any side or rear property line. No servicing of refuse
facilities shall occur between the hours of 10:00 p.m. and 6:00 a.m.
D.
Lighting. The lighting performance standards take into account abutting residential uses. Please refer to the Mixed Use Business District performance standards in § 361-64J above.
E.
Noise. Sensitive border uses must adhere to the noise specifications set forth for the Mixed Use Business District (see § 361-64B above).
F.
Supplemental conditions. In addition to the requirements listed above,
the review body may impose other conditions that are necessary to
reduce or minimize any potentially adverse impacts on developed residential
uses, including, but not necessarily limited to, the following:
(1)
Location on a site of activities that generate potential adverse
impacts on adjacent uses such as noises, odors and glare;
(2)
Location of loading and delivery areas;
(3)
Lighting location, intensity, type and hours of illumination;
(4)
Placement and illumination of outdoor vending machines, telephones,
and similar outdoor services and activities;
(5)
Additional landscaping, berms and buffering;
(6)
Height restrictions to preserve light and privacy and views of significant
features from public property, rights-of-way and adjacent residential
areas;
(7)
Preservation of natural lighting and solar access;
(8)
Ventilation and control of odors and fumes;
(9)
Paving or other surface treatment for dust control;
(10)
Additional building setbacks depending on the topographic change
or grading of the property and the use of retaining walls;
(11)
Additional fencing requirements; and
(12)
Preservation of natural features adjacent to residential uses,
including tree preservation where there are substantial groupings
of trees.
