(A)
Development
Standards for all Nonresidential Districts.
Nonresidential zoning districts must be in compliance with the nonresidential development standards: (i) provided in Table 2-5; (ii) provided in the applicable sections of this GDC (see Sections 2.42 through 2.48); and (iii) provided below:
(1)
Minimum
Lot Area.
No main building or structure may be constructed
or placed on a lot or land parcel containing less area than the minimum
lot areas provided for in Table 2-5[1] except for non-conforming, platted lots as described in Section 2.75 of this GDC.
[1]
Editor's Note: Table 2-5 is included as an attachment to this chapter.
(2)
Maximum
Lot Area.
No main building or structure may be constructed
or placed on a lot or land parcel exceeding the maximum lot areas
provided for in Table 2-5.
(3)
Minimum
Lot Width.
The minimum lot width must be in compliance
with the standards provided in Table 2-5.
(4)
Minimum
Lot Depth.
The minimum lot depth must be in compliance
with the standards provided in Table 2-5.
(5)
Maximum
Lot Coverage.
Buildings or structures, or parts thereof,
may not be erected, expanded or placed so as to cover more than the
maximum lot coverage as provided in Table 2-5.
(6)
Maximum
Floor Area Ratio (FAR).
The combined floor area of main
buildings and Accessory Buildings may not exceed the maximum floor
area ratios (FARs) as provided in Table 2-5.
(7)
Maximum
Height.
Buildings may not exceed the maximum height as
provided in Table 2-5. Maximum height shall be the distance between
the lowest point on the ground that is within 2' of any exterior wall,
and the highest point on the building’s roof.
(B)
Yard
Setbacks in all Nonresidential Districts.
(1)
Yards
Adjacent to Streets.
In all nonresidential districts,
yards adjacent to streets must be measured from the base, or foundation,
of a building’s closest vertical wall or facade to the existing
or proposed right-of-way line of any adjacent street as provided in
the City’s Major Thoroughfare Plan, whichever
requires the greater setback. Minimum yards for each nonresidential
district must be in compliance with the standards provided in Table
2-5 and as provided below:
(a)
One- or Two-Story Buildings.
The yards for one or two-story
buildings in a nonresidential district must be in compliance with
the standards provided in Table 2-5.
(b)
Buildings Greater than Two Stories.
The yards for buildings,
and portions thereof, greater than two stories in a nonresidential
district, adjacent to a residential development, and separated by
a street, must be in compliance with the standards provided in Table
2-5, with an additional twenty-five feet of setback added for each
story over two stories. However, no yard setback adjacent to a street
may be required to be more than one hundred feet.
(c)
Infill/Redevelopment Buildings.
New infill/redevelopment
buildings in a nonresidential district may have a reduced front yard
setback that reflects the average setback of existing buildings along
the same side of the street that are within two hundred linear feet
of the subject property. The reduced setback may be no more than five
feet less than the average setback of existing buildings along the
same side of the street.
(d)
Garage or Automotive Doors Facing Street or Alley.
Regardless of other setbacks, a street- or alley-facing garage or automotive repair bay door must have a minimum setback of twenty feet from the street or alley right-of-way line (also see Section 2.52(A)(3)).
(2)
Yards
Not Adjacent to Streets.
Yards not adjacent to a street
in a nonresidential district must be measured from the base, or foundation,
of a building’s closest vertical wall or facade to the closest
side or rear property line. Yards for each nonresidential district
must be in compliance with the standards provided in Table 2-5 and
as provided below:
(a)
For Buildings Thirty Feet in Height or Less.
The setbacks
for buildings thirty feet in height or less are provided in Table
2-5.
(b)
For Buildings Above Thirty Feet in Height and Adjacent to Residential
Districts.
The minimum side and rear setbacks for buildings
above thirty feet in height and adjacent to residential districts
are 1.25 times the maximum height of the building. However, in no
case may a setback be required to be greater than fifty feet.
(c)
Garage or Automotive Doors Not Facing Street or Alley.
Regardless of other side yard setbacks, a garage or automotive repair bay door facing an adjacent/interior property line must have a minimum setback of twenty-four feet from the face of the door to the adjacent property line (also see Section 2.52(A)(3)).
(3)
Projections.
All portions of main buildings or structures, including projections,
in a nonresidential district must be set back from property lines.
Every part of a required yard must be open and unobstructed except
that:
(a)
Ordinary projections of window sills, belt courses, and other similar
architectural features may project up to a maximum of one foot into
required yards. Ordinary projections of cornices, roof overhangs,
unsupported canopies and other similar architectural features may
project up to a maximum of five feet into required front, side, and
rear yards.
(b)
An uncovered wood deck thirty inches or less in height may project
into a required side or rear yard.
(c)
No projection may overhang a property line or a right-of-way line.
(C)
Height
Limits in all Nonresidential Districts.
(1)
Maximum
Structure Height.
No building or structure in a nonresidential district may exceed the maximum height provided for in Table 2-5. See Chapter 6 of this GDC, specifically definitions of Building
Height and Grade.
(2)
Height
of Non-Occupied Structures.
An appurtenant structure that is placed on, or that is an extension of, the roof of a building and that is not intended for human occupancy may exceed the maximum height allowed in a nonresidential district up to a maximum of fifty feet above the average grade of the building provided that all portions of the structure are set back an additional one foot for each foot that the structure exceeds the district’s height limit for front, side, and rear yards. The following are examples of appurtenant structures: architectural features such as spires, steeples, domes, belfries, cupolas, ventilators, chimneys, solar screens or collectors, skylights, elevator towers, cooling towers, water standpipes and tanks, mechanical equipment rooms that do not exceed fifty percent of a typical floor in area, and other similar architectural or utility features. However, telecommunications antennae (see Article 5, Division 5 of this Chapter 2), wind energy conversion systems (see Article 5, Division 7 of this Chapter 2), and signs (see Chapter 4, Article 5) are not appurtenant structures for the purposes of this Subsection (C), and are hereby expressly excluded.
(D)
Parking
in all Nonresidential Districts.
(1)
Required
Off-Street Parking.
Off-street parking for each type of use and building in a nonresidential district must be in compliance with Chapter 4, Article 2 of this GDC. Parking is allowed within required setbacks unless otherwise expressly restricted in a particular district.
(2)
Heavy
Load Vehicle Parking and Loading.
No heavy load vehicle
parking area in a nonresidential district may be located closer than
twenty feet to any residential district boundary. However, if the
heavy loading area is adjacent to a residential district boundary,
the minimum setback requirement is increased to seventy-five feet.
(E)
Recreational
Vehicles in all Nonresidential Districts.
Recreational
vehicles, travel trailers, campers, motor homes, and similar vehicles
may not be used for on-site dwelling purposes in a nonresidential
district, unless expressly authorized pursuant to a PD district ordinance.
(F)
Landscaping
and Screening.
Landscaping and screening requirements for all nonresidential districts must be in compliance with Chapter 4, Article 3 of this GDC.
(G)
Outside
Storage or Display.
Outside storage or display, if allowed in a district, must be in compliance with Section 2.52(A)(14) of this Chapter 2.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, secs. 23–24, adopted 12/3/19)
(A)
Purpose.
The Neighborhood Office (NO) district is intended to create
an appropriate setting for low intensity office and professional uses.
The district may be used as a transition district between residential
uses and more intense uses. With appropriate buffers and landscaping,
this district may be located contiguous to residential districts.
Allowed uses should be compatible with adjacent residential areas
by limiting heights to one story, and may not include uses that create
excessive amounts of traffic, noise, trash, or late-night business
operations.
(B)
Allowed
Uses.
All allowed land uses (whether by right or by SUP)
in the NO district are indicated within the Land Use Matrix, Article 5 of this Chapter 2.
(C)
Special
Amenities.
Since the Neighborhood Office district is
intended to serve the immediate neighborhood(s) with professional
office services and job opportunities, developments within the NO
district must be small in scale (see maximum lot area in Table 2-5)
and architecturally harmonious with the neighborhood. Where feasible,
provision must be made for pedestrian access and convenience by connecting
directly with sidewalks and trails to and from nearby neighborhoods.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The Community Office (CO) district is intended to create an
appropriate setting for medium and higher intensity office and professional
uses. The district may be used as a transition district between low
intensity office/retail uses and more intense uses. It is also generally
appropriate along major transportation corridors. However, the CO
district is generally not appropriate in proximity to low-density
residential districts. Examples of allowed uses in a CO district are:
professional offices, campus-style corporate office, research, and
assembly operations that may be large in scale but that are conducted
wholly within a building(s) with very limited or no outside storage.
(B)
Allowed
Uses.
All allowed land uses (whether by right or by SUP)
in the CO district are indicated within the Land Use Matrix, Article 5 of this Chapter 2.
(C)
Special
Amenities.
The Community Office district is intended
to serve the larger community and region with professional office
services and job opportunities. Where feasible, provision must be
made for pedestrian access and convenience by connecting directly
with sidewalks and trails to and from neighborhoods, shopping areas,
and other employment centers.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The Neighborhood Services (NS) district is intended to accommodate
a limited range of small-scale retail and personal service activities
that are supportive and desirable in proximity to residential neighborhoods.
The district regulations are designed to ensure compatibility with
the residential environment, minimizing the generation of additional
noise, traffic, odor, fumes, or other objectionable conditions.
(B)
Allowed
Uses.
All allowed land uses (whether by right or by SUP)
in the NS district are indicated within the Land Use Matrix, Article 5 of this Chapter 2.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The Community Retail (CR) district is intended to accommodate
a variety of retail, service, and business establishments that may
or may not be designed in a shopping center configuration. The district
may be used as a transition district between lower intensity retail
or office uses and more intense uses. A CR district is generally appropriate
along major transportation corridors but is generally not appropriate
in proximity to low-density residential districts without significant
buffering and screening features. An example of allowed use in a CR
district is a retail shopping area that may be large in scale with
very limited or no outside storage. Traffic generated by uses in a
CR district must be focused onto the major thoroughfare network. Development
in a CR district may not be designed in a manner that increases traffic
through residential areas.
(B)
Allowed
Uses.
All allowed uses (whether by right or by SUP) in
the CR district are indicated within the Land Use Matrix, Article 5 of this Chapter 2.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The Light Commercial (LC) and Heavy Commercial (HC) districts are intended to provide locations for commercial and service-related establishments, such as building material and wholesale product sales, contractors’ shops, automotive repair services, upholstery shops, and other similar commercial uses. Uses in this district may utilize outside storage areas that are screened from public view (see Subsection 2.52(A)(14) of this Chapter 2, and Section 4.43 in Chapter 4, as applicable) as may be provided in the Land Use Matrix, Article 5 of this Chapter 2. Some light manufacturing uses may also be allowed subject to certain conditions. The uses envisioned for the district will typically have operation characteristics that are generally not compatible with residential uses and some nonresidential uses. Convenient access to major thoroughfares and other transportation systems is a primary consideration for the types of uses that are found in the Commercial districts.
(B)
Allowed
Uses.
All allowed uses (whether by right or by SUP) in
the LC or HC districts are indicated within the Land Use Matrix, Article 5 of this Chapter 2.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The Industrial (IN) district is intended to provide for a wide
range of industrial uses that are generally not compatible adjacent
to residential neighborhoods, and may or may not be compatible with
some nonresidential uses. Such uses include manufacturing, processing,
assembling, research and development, and warehousing and distribution.
The Industrial district also accommodates support services for industrial
development such as office, commercial, personal and professional
services, and limited retail activities. The Industrial district regulations
are designed to ensure compatibility among the various uses allowed
in the district, and to protect adjacent non-industrial development
from potentially incompatible uses and conditions.
(B)
Allowed
Uses.
All allowed uses (whether by right or by SUP) in
the IN district are indicated within the Land Use Matrix, Article 5 of this Chapter 2.
(Ordinance 6773 adopted 5/19/15)
(A)
Purpose.
The Downtown Automotive Overlay (DAO) district is intended to
allow for the transfer of certain development rights for automotive
and similar uses to other sites within the same zoning overlay.
(B)
General
Provisions.
The following provisions apply to the Downtown
Automotive Overlay (DAO) district, as designated on the City’s
official Zoning Map and more particularly described below:
(1)
Except
as specifically provided in this Section, the inclusion of an area
within an overlay district governed by the provisions of this Section
do not affect the underlying zoning of such areas or any provision
of a Planned Development or other ordinance pertaining to any property
within the City.
(2)
A
Planned Development ordinance may further limit or regulate the uses
allowed within the Planned Development district.
(C)
Description
of the Downtown Automotive Overlay Boundaries.
The Downtown Automotive Overlay district consists of all that area located within the boundaries as reflected on the Downtown Framework Plan (see Section 7.05.1(H) [Appendix A] in Chapter 7 of this GDC).
(D)
Restrictions
on Automotive Uses within the Downtown Automotive Overlay District.
(1)
For
the purposes of the Downtown Automotive Overlay district, an “automotive
use” includes any business or use of property that, as a whole
or any component part, consists of any of the following uses listed
in the Land Use Matrix, Article 5 of this Chapter 2:
(a)
Automobile Leasing/Rental
(b)
Automobile Sales, New or Used
(c)
Automobile Repair, Major
(d)
Automobile Repair, Minor
(e)
Boat Sales, Leasing and Repair
(f)
Car Wash (Automated/Rollover, Self-Service/Wand, or Full-Service/Detail)
(g)
Impoundment Lot (Commercial or Private)
(h)
Motorcycle/ATV Sales, Leasing and Repair (New and Used)
(i)
Parking Lot or Garage, Commercial
(j)
Personal Watercraft Sales, Leasing and Repair (New and Used)
(k)
Recreational Vehicle/Trailer Sales, Leasing and Repair
(l)
Salvage Yard, Automotive
(m)
Travel Center/Truck Stop
(n)
Truck/Bus Repair
(o)
Truck/Bus Sales and Leasing/Rental
(p)
Truck/Bus Storage
(q)
Truck/Bus Wash
(r)
Wrecker/Towing Service
(2)
An
automotive use that was operating under a valid and existing Certificate
of Occupancy as of April 19, 2005 must be allocated a transferable
land use credit for each square foot of property occupied or used
for the automotive use, inclusive of parking areas, but exclusive
of any adjoining streets, alley, sidewalks, or other public property.
(3)
A
new automotive use may not operate, and an existing automotive use
may not expand, unless the proposed or existing automotive use obtains
transferable land use credits from another automotive use within the
Downtown Automotive Overlay district for each square foot of area
to be used in the operation or expansion. An automotive use that makes
the transfer may not transfer less than all of its transferable land
use credits and may only transfer those credits to a single transferee.
The transferee may use less than all of the credits so transferred,
but any unused credits are thereafter void and may not be further
transferred. Credits may be transferred and aggregated to create a
new site for an automotive use, or may be added to an existing site
of an automotive use for expansion, but no site so created or expanded
may exceed ten thousand (10,000) square feet in lot area. The transferable
land use credits created by this Section may only be transferred within
the Downtown Automotive Overlay district or to another area within
the City where the automotive use is allowed. No transferable land
use credit from any other zoning district may be transferred into
the Downtown Automotive Overlay district.
(4)
An
automotive use that discontinues operating may transfer its transferable
land use credits during the period ending sixty calendar days after
the cessation of business of the automotive use, but the credits expire
sixty calendar days after the automotive use ceases doing business.
The termination of utility services to the automotive use is prima
facie evidence of the cessation of business. Transferable land use
credits may be transferred only by the owner of the land to which
the credits apply.
(5)
Notwithstanding the provisions of Subsection (4), above, in the event the building from which an automotive use operates is damaged or destroyed by fire, weather, calamity, or other cause beyond the control of the owner or operator of the automotive use, the owner may reconstruct the building damaged or destroyed, provided that:
(E)
Approval
Process.
All requests for transfer of credits shall be reviewed using the applicable permit approval process (as applicable for the particular development) as outlined in Article 1, Division 2 in Chapter 4 of this GDC. All of the development standards required in the subject property’s base zoning district will apply.
(Ordinance 6773 adopted 5/19/15)
