[1]
Editor’s note–Former section 14.03.357 pertaining to property development–abandoned building surety bond and deriving from Ordinance 2007-06-00591, sec. 2, adopted 6/7/07, was deleted in its entirety by Ordinance 2015-08-00816 adopted 8/20/15.
This is a general commercial zoning district for areas that provide the greatest number and mix of retail and commercial uses. This zoning district is designed and intended to serve as the commercial support zone of the entire community. It should be located in such a manner as to have reasonable access to arterial roadways so that ingress and egress to the CB area may be managed in a safe and controlled manner.
(Ordinance 2005-12-00544, sec. 1, adopted 12/5/05; Ordinance 2024-03-00998 adopted 3/21/2024)
In the commercial business district, lend uses shall be those associated with retail, commercial, office, service, institutional or professional activities. Major development shall be permitted by specific use permit. No land shall be used and no building shall be erected, altered, converted or used for a use other than those specified in section 14.03.801, schedule of uses, and article 14.02, division 4, specific use permits.
(Ordinance 2008-11-00634 adopted 11/20/08; Ordinance 2024-03-00998 adopted 3/21/2024)
In the commercial business district, the following development regulations shall be applicable to all buildings:
(1) 
Building height.
Buildings shall not exceed a height of more than thirty-five feet (35').
(A) 
The height shall be measured from the sidewalk or ground surface elevation along the side of the building fronting onto a public right-of-way to the top of the roof.
(2) 
Setbacks.
The following setbacks are required in the commercial business district:
(A) 
Front yard setbacks shall be a minimum of fifty feet (50') from the street right-of-way.
(B) 
Side yard setbacks shall be a minimum of twenty feet (20'). Where a CB zone abuts on the side of a property zoned as single-family residential, each portion of a building in excess of ten feet (10') in height shall be set back two (2) additional feet for each additional one (1) foot in height.
(C) 
Rear yards shall be a minimum of twenty-five feet (25') where the lot abuts property zoned as single-family residential there shall be a minimum rear yard of not less than one hundred feet (100') and not separated by a street or public right-of-way.
(D) 
Rear yard setbacks abutting property zoned as single-family residential shall include at least fifty feet (50') of green space adjacent to the residential district. Green space includes landscaping and turf grass.
(3) 
Minimum lot area.
The minimum area for lots in the commercial business district shall be thirty thousand square feet (30,000 sq. ft.) on lots with access to city sewer, lots without access to city sewer shall be a minimum of forty-three thousand five hundred sixty square feet (43,560 sq. ft.) exclusive of all street rights-of-way and the designated 100-year floodplain as determined by a registered survey.
(4) 
Maximum lot coverage.
The maximum lot coverage for buildings on individual lots is forty percent (40%) of the lot area, including accessory buildings.
(5) 
Floor area.
Each store, shop or business shall have a minimum of five hundred (500) square feet of floor area.
(6) 
Business operations.
The following special conditions apply to business operations within the CB district:
(A) 
All business shall be conducted entirely within a building. Restaurants offering outside dining or businesses with outside storage and/or display of any type shall be allowed only upon the approval of a specific use permit.
(B) 
No drive-in services of any type shall be located nearer than one hundred feet (100') of an abutting single-family zoned district. Where drive-in services are allowed, a solid fence of masonry with a height of six feet (6') shall be required to buffer the drive-in service from the abutting single-family residential district.
(7) 
Off-street parking and loading.
Required off-street parking may be located within the required setback, provided there is a fifty (50') landscape buffer adjacent to the property line. Such off-street parking spaces shall be on a hard-surfaced drive or parking area. Specific off-street parking and loading requirements are contained in article 14.04, division 2, of this chapter.
(8) 
Buffering and screening.
The following standards for buffering and screening shall apply for all buildings in the commercial business district:
(A) 
Parking lot layout, landscaping, buffering and screening shall minimize direct views of parked vehicles from streets.
(B) 
Off-street loading areas shall be located at the rear of all buildings and shall be adequately screened from view of any adjacent single-family residential use.
(C) 
Outdoor storage of trash receptacles shall be at the side or rear of the site and shall be screened by fence, planting or other suitable visual barrier and be secured from public access.
(D) 
Transformers, HVAC equipment (if located at ground level), lift stations, utility meters and other machinery, as well as garbage collection points, shall be located at the rear property line, drive, or alley. If such uses are visible from an adjacent right-of-way or property, they shall be totally screened by a fence or suitable plant or other visual barrier of an appropriate height or as proposed or approved in the development site plan. Trash receptacles shall have a door which shall remain closed at all times.
(9) 
Impervious coverage.
The maximum impervious coverage shall not exceed sixty-five percent (65%) of the total lot area.
(10) 
Accessory buildings and structures customarily associated with any of the above establishments to which they refer shall be constructed to meet all of the requirements of the principal building.
(11) 
A specific use permit shall be required when the total square footage of the principal building and/or any accessory buildings exceeds fifty thousand square feet (50,000 sq. ft.).
(12) 
All drive-through, drive-in, and drive-up businesses shall require a specific use permit.
(13) 
Replacement of buffering/screening/fencing.
All existing buffering, screening, and fencing that is replaced is required to be replaced with materials required by code for new construction. If there is no material listed for the application then the replacement will match existing material for buffering, screening, or fencing, of the item being replaced.
(14) 
Parking and drives to be weather-impervious surface developed in accordance with city standards. Parking and fire lanes shall be a minimum of three thousand five hundred pounds per square inch (3,500 psi) concrete of six inches (6") thick with six inches (6") of flex base material compacted to ninety-five percent (95%).
(Ordinance 2005-12-00544, sec. 1, adopted 12/5/05; Ordinance 2006-10-00577, sec. 2, adopted 10/16/06; Ordinance 2013-05-00756, sec. 2, adopted 5/2/13; Ordinance 2013-07-00761 adopted 7/18/13; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Site plan approval.
The following site plan elements shall be required for development of property:
(1) 
Prior to issuance of a building permit, an electronic copy of a site plan, drawn to a scale of not less than one inch (1") equals fifty feet (50'), shall be submitted to the city secretary a minimum of fourteen (14) days prior to the date at which the planning and zoning committee is scheduled to consider said site plan on their regular agenda. The site plan must contain at a minimum the following:
(A) 
The boundaries and dimensions of the proposed development, including total area.
(B) 
The owners, zoning classification and description of adjacent properties.
(C) 
Contour lines with five-foot (5') intervals.
(D) 
Location map showing site within the city.
(E) 
Existing and platted streets, public rights-of-way, easements and railroads within and adjacent to the site.
(F) 
Existing and proposed utility lines showing sizes of water and sewer lines.
(G) 
Existing and proposed fire hydrants and fire lanes.
(H) 
Location and dimension of all buildings and building setback lines.
(I) 
Engineering for drainage.
(J) 
Areas designated for landscaping together with proposed irrigation and a tree management plan.
(K) 
Parking area locations and specifications.
(L) 
Signage and lighting.
(M) 
Location of all exterior mechanical, electrical and communication equipment.
(N) 
Location of all refuse containers, loading docks and screening.
(O) 
Signature lines for chairman of the planning and zoning committee, city engineer and mayor shall be provided to signify approval.
(2) 
For the purposes of assisting in-process planning, a properly designated "preliminary" site plan shall be submitted for consideration. Approval of a "preliminary" site plan will not imply approval of all elements of a "final" site plan.
(3) 
The site plan may only be approved by the planning and zoning commission and the city council.
(4) 
Any changes to an approved "final" site plan will require approval of the planning and zoning commission and the city council.
(b) 
Landscape plan approval.
The following landscape plan elements shall be required for the development of the property:
(1) 
Prior to issuance of a building permit, an electronic copy of a landscape plan, drawn to a scale of not less than one inch (1") equals fifty feet (50'), shall be submitted to the city secretary a minimum of fourteen (14) days prior to the date at which the planning and zoning committee is scheduled to consider said landscape plan on their regular agenda. The site plan must contain at a minimum the following:
(A) 
A minimum of fifteen percent (15%) of the gross area of the lot shall be landscaped.
(B) 
The area between the property line and the paved street shall be included in the landscape plan and shall be maintained by the abutting property owner.
(C) 
Heights of landscape materials shall be such that they do not create safety hazards for vehicular traffic by blocking sight lines at ingress/egress points.
(D) 
The landscape specifications shall indicate the common names and scientific names, sizes and quantities of all material to be utilized.
(E) 
Property abutting different districts shall be screened by a living screen. Plantings which serve as living screens shall be evergreen with a minimum initial height of six feet (6') and shall provide a solid visual barrier within two (2) years of planting.
(c) 
It shall be the property owner's responsibility to permanently maintain the approved living state of landscaping in a neat and orderly manner.
(d) 
Landscaping shall mean plant materials (other than turf grasses) and other approved landscape materials arranged in an approved manner. All plant materials shall be selected from any plant list or landscape ordinance adopted by the city.
(e) 
Architectural plan approval.
The following architectural plan elements shall be required for development of property.
(1) 
Prior to issuance of a building permit, an electronic copy of an architectural plan, drawn to a scale of not less than one inch (1") equals fifty feet (50'), shall be submitted to the city secretary a minimum of fourteen (14) days prior to the date at which the planning and zoning committee is scheduled to consider said architectural plan on their regular agenda. The site plan must contain at a minimum the following:
(A) 
Storefronts or faces of commercial buildings in excess of sixty feet (60') shall have a minimum five-foot setback at no greater intervals than sixty feet (60'). Multiple adjacent building fronts shall conform to this same rule.
(f) 
Pet boarding.
Pet boarding shall be permitted with a special use permit in commercial business and light industrial districts provided they meet the following requirements:
(1) 
Pets shall be supervised when they are outdoors.
(2) 
Pets shall only be permitted outdoors between the hours of 6:00 a.m. and 10:00 p.m.
(3) 
Adequate facilities shall be provided to separate animals of different species, size, and sex (if needed).
(4) 
Pets shall have an environment that supports their safety and well-being.
(5) 
Pet boarding shall only serve pets for a period not to exceed sixty (60) consecutive days.
(Ordinance 2005-12-00544, sec. 1, adopted 12/5/05; Ordinance 2013-10-00772 adopted 10/3/13; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2018-03-00876 adopted 3/1/18; Ordinance 2024-03-00998 adopted 3/21/2024)
The following development standards apply to all major development. The goal of these development standards is to affirm the city's objective that major developments create or impart a sense of place and/or streetscape at a scale appropriate to the character of Lucas with its small town atmosphere, as well as preserving the diversity and vitality of Lucas' commercial districts and the quality of life of Lucas residents. It is generally noted that the typical or classic 'big box' type of commercial building and development pattern does not meet these community development objectives. In addition to the development standards prescribed elsewhere in this chapter, including, but not limited to the applicability of site plan review or discretionary review process prescribed in this chapter, all major development shall comply with the following development standards:
(1) 
A typical or classic 'big box' design shall not be allowed (e.g., large four-sided structure with little or no ornamentation, decoration, unique architectural features, interesting fenestration, etc.).
(2) 
When the project site is within three hundred feet (300') of a residential zoning district, measured from the property line and excluding streets and alleys, the maximum height of any wall excluding architectural accent features shall be the maximum height permitted in that residential zoning district.
(3) 
The design of service areas, including outdoor storage, trash collection, loading, outdoor display, shall be incorporated into the principal building design and shall be of materials of comparable quality and appearance as that of the principal building.
(4) 
When the service areas (loading docks, refuse storage and enclosures, etc.) are adjacent to or across the street from residential neighborhoods, all delivery trucks, garbage trucks, and other large vehicles servicing the commercial development shall access the service areas via internal driveways and not from the residential street.
(5) 
Rooftop equipment shall not be visible from a point of view that is five feet (5') above grade at a distance of two hundred feet (200') from the walls of the structure.
(6) 
The off-street parking serving the commercial development shall be divided into multiple 'lots,' as necessary, so that no single 'lot' has more than one hundred twenty (120) parking spaces. The 'lots' shall be separated from each other by a visually aesthetic buffer, such as a landscape area including a landscaped street or landscaped pedestrian way, or other appropriate landscape or hardscape features.
(7) 
The maximum number of off-street parking spaces serving the development shall not exceed by more than ten percent (10%) the minimum number of required off-street parking as prescribed in the Lucas Code of Ordinances.
(8) 
A covered passenger loading area shall be provided.
(9) 
Pedestrian walkways within the development shall be differentiated from driving surfaces through a change in elevation or materials.
(10) 
Parking and security lights shall not be taller than the buildings within the development, or a maximum of twenty-four feet (24') above grade, whichever is less.
(11) 
All freestanding signs shall be located in a landscaped area that is equal in size or larger than the total sign area for that freestanding sign.
(12) 
No reader boards having changeable copy, electronic or otherwise, are allowed.
(13) 
If the development is located on an existing public transit route, or a reasonably foreseeable future transit route, a bus pullout and shelter shall be developed on-site or at a location approved by the transit service provider.
(Ordinance 2007-06-00591, sec. 2, adopted 6/7/07; Ordinance 2024-03-00998 adopted 3/21/2024)
(a) 
Traffic impact study.
All development applications for major development as defined herein, shall prepare a traffic impact analysis which provides for assessment of current road conditions, estimates of traffic generation matters involving current traffic counts, proposed optimum ingress and egress patterns along with internal traffic flow.
(Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2024-03-00998 adopted 3/21/2024)