A. Purpose
and Intent.
The purpose of the Overlay District (OD) is to provide an area
where certain types of business uses and mixed business and residential
uses may exist in the zone within the boundaries of the OD.
With this OD, the City intends to maintain the prevailing architectural
character, encourage redevelopment in this District, and create a
distinct, unique residential area with complementary business uses.
B. Boundaries.
The area designated as within the OD shall be the area generally
extending along the frontage of each tract abutting the street and
extend to the rear property line of each tract of property having
frontage on the street, and shall be further described as follows:
See appendix A-1.
C. Applicability.
The OD requirements and standards apply to any application for development within the OD, said OD being described in 1.B [subsection
B] above.
D. General
Standards.
The establishment of the OD does not repeal the underlying zoning
classification applicable to the area contained within the boundaries
OD. The requirements of the OD are complementary to the requirements
of the underlying zoning district. However, the OD regulations are
not applicable to the areas outside the OD but within the underlying
zoning district.
The OD allows residential and certain business uses to occupy
the same structure or lot in compliance with applicable restrictions.
Development plan application and approval is required for all
mixed use and business use in the OD. Structures may be erected and
occupied and land may be used only in accordance with the approved
development plans.
OD encourages pedestrian activity on the street frontage.
E. Use
Restrictions.
Allowable uses within the OD shall apply
to the underlying zoning district and the specific uses enumerated
herein. No other uses shall be allowed in the OD. The specific uses
allowed in the OD, in addition to the underlying use, are limited
to the following:
1. Professional
office uses consisting of professional or consulting services in the
fields of law, architecture, design, engineering, financial consulting
services, accounting, insurance, counseling, dentistry, medicine (not
more than 4 physicians), real estate, photography, artist studio and
sale of art works and similar professions, and said uses shall comply
with the regulations provided for herein.
2. Fine
dining restaurants which involve the individual preparation of food
in limited quantities and of a personal nature, with incidental alcoholic
beverage service (less than 50% of gross sales attributable to alcohol)
being allowed. Restaurants within this category are characterized
by limited traffic, noise and parking that is similar in nature to
a professional office use of a similar nature, limited hours of operation
not later than 11:00 p.m., no drive-thru or fast food, and lighting
which is shielded from and directed away from adjacent neighborhoods
and residential property, and is dimmed to a minimum level after hours
of operation. Said restaurants may hold special events such as weddings,
reunions and other catered events, and provide live entertainment
with amplified sound as long as such activity is wholly enclosed within
the main building, or if the activity will be outside, after having
obtained a valid noise permit from the City, if required, for said
activity. Lighted signs shall be turned off after business hours of
operation. No outdoor cooking shall be permitted; however, outdoor
cooking involving the noncommercial preparation of food utilizing
a barbeque pit, smoker, gas grill, or similar equipment shall be allowed.
3. Bed
and breakfast lodging services within rooms of the property owner’s
principal residence and up to three (3) separate guest houses, which
must be situated on a lot of at least 10,000 square feet, within a
single property served by a single water and electrical meter. A bed
and breakfast use may be evidenced by association with a Bed and Breakfast
Accommodation and Reservation Service. To qualify as a bed and breakfast
the owner must, upon request, provide proof of the collection and
payment of state and local hotel occupancy taxes to the City. A bed
and breakfast does not include a hotel, motel, inn, or other similar
lodging establishment.
4. No
outdoor storage shall be allowed.
5. Hookah
and Vapor Retail Stores, Hookah Lounges and Vape Lounges are not permitted
in this District. Any legally operating Hookah and Vapor Retail Store,
Hookah Lounge or Vape Lounge is deemed nonconforming as of September
9, 2024 and shall be allowed to continue to operate subject to and
in compliance with the provisions of this Zoning Ordinance relating
to nonconforming uses and all other applicable requirements.
(Ordinance 626-10 adopted 9/27/10; Ordinance
1051-24 adopted 9/9/2024)
A. General
Provision.
The site of any proposed establishment within
the OD shall be designed and developed in accordance with this Article
in addition to all other applicable requirements within the City’s
Charter and Code of Ordinances. In the event of a conflict between
this Article and the requirements of the underlying zoning district,
this Article shall prevail.
B. Use
Restrictions.
All structures, except accessory buildings,
must face the named Street. No structure or part of a structure used
for business purposes shall have in excess of twenty percent (20%)
of the floor area of the structure used for storage or warehousing.
C. Building
Materials.
Building walls and other building exteriors shall be constructed
of masonry material (such as stone, brick or stucco), excluding windows,
doors, soffits and trim. Other materials that preserve the architectural
character of the buildings within the OD may be approved by the City
Council. Non-residential buildings shall have the same general character
of residential buildings, shall have residential-type roof pitch and
composition, and shall blend into the residential environment within
and adjacent to the OD.
The building walls and other building or structure exteriors
located on the same site, including those used to screen outdoor storage
areas, dumpsters, parking lots, vehicles, etc., shall be constructed
of the same materials as the main building.
D. Screening.
The following business uses on the site shall be screened to
a height sufficient to completely screen the use from ordinary public
view by a decorative fence or landscaping, but in no case shall such
screening be less than six feet (6') in height:
Off-street loading areas;
Refuse storage areas, dumpsters, and all related activities
and equipment;
Air conditioning, refrigeration, heating, and other mechanical
and electrical equipment; Antennas and satellite dishes; and
Carports.
E. Parking
areas.
Parking areas for business uses shall be located
to the rear of the main building on the site, unless:
(a) the parking area is screened with landscaping from ordinary public
view; or
(b) an existing structure necessitates that the parking area be located
in a different area on the site.
F. Area
regulations.
Setback regulations and lot dimension regulations
are the same as the underlying zoning district.
(Ordinance 626-10 adopted 9/27/10)
Editor’s note–Former section 10.3 pertaining
to business signs and deriving from Ordinance 626-10 adopted 9/27/10,
was repealed and deleted in its entirety by Ordinance 818-17, sec.
1, adopted 9/25/17.
No structure shall be illuminated or displayed by exterior lighting
except for security purposes. All exterior lighting on the premises
shall be only for safety, security, or lighting for landscape or architectural
features. No exterior lighting shall be directed so that the illuminating
element shall be at a height in excess of seven feet (7') above the
average ground level of the lot upon which it is located.
(Ordinance 626-10 adopted 9/27/10)
A. Any
person or entity desiring to use land or erect buildings for mixed
use purposes or business purposes within the OD shall first submit
a development plan to the City Secretary showing in detail the manner
in which the land is to be used, the location, size, character and
appearance of each building and all other improvements, signage, exterior
lighting and provision for off-street parking, service areas, screening,
and landscaping (the “plan”); the plan shall include the
entire area of the land for which the submission is made.
B. The
City Secretary shall forward the plan and all related documents to
the Planning and Zoning Commission who shall conduct a public hearing
on the plan, study and investigate the plan, and make a written recommendation
to the City Council.
C. The
Planning and Zoning Commission shall make a written report and recommendation
to the City Council after considering the following criteria:
1. whether
the plan complies with all applicable regulations of the City and
the regulations of this Article, and all amendments thereto;
2. whether
the plan is consistent with the public interest, the purposes of this
Article, and the comprehensive plan of the City.
D. The
City Council, after reviewing the report and recommendation of the
Planning and Zoning Commission, shall hold a public hearing on the
plan. After the public hearing, the City Council may: (1) approve
the plan as originally submitted; (2) approve the plan with modifications;
or (3) disapprove the plan in its entirety. The City Council shall
make such decision within sixty (60) days after the Planning and Zoning
Commission makes its written report and recommendation to the City
Council. If the application and plans are approved with modifications,
City Council shall notify the applicant in writing of such modifications
and only upon receipt of the applicant’s written consent to
such modifications within thirty (30) days shall the plan be deemed
approved. If the applicant does not provide written consent to such
modifications to the City Council within thirty (30) days of the City
Council’s notification of the applicant, said plan shall be
deemed disapproved.
E. If the
plan is disapproved, it may be revised and resubmitted following the
same procedure. No application for a development plan which has been
disapproved shall be again filed with the City earlier than one (1)
year from the date that said application was disapproved.
F. The
application for approval of a development plan under this Article
shall be accompanied by a non-refundable fee as set out in the fee
schedule approved by City Council.
(Ordinance 626-10 adopted 9/27/10)