In order to provide for the development of integrated professional,
office and limited retail areas that exhibit a diversity of business
activity from both revenue and service quality standpoints, and which
are compatible and responsive to abutting land uses, including residential
developments, the following regulations shall be applicable to all
properties classified in the O-P zone.
(Ord. 2190 § 7, 2020)
No person shall use, nor shall any property owner permit the use of any lot classified in any O-P zone for any use, other than the following as set out in Sections
21.14.040 and
21.14.050.
(Ord. 2190 § 7, 2020)
All uses not permitted in this chapter shall be prohibited.
(Ord. 2190 § 7, 2020)
The principal uses shall be permitted as follows:
Administrative and professional offices;
Beauty salon or barber shop;
Bookstore;
Cellular phone, telephone and pager store;
Coffee shop;
Computer store, sales and service;
Confectionary shop;
Data processing facility;
Delicatessen;
Employment agency;
Financial institutions' corporate offices, no retail banking;
General research facility, not involving testing, manufacturing,
fabrication or processing or sale of products, nor the use of a hazardous
material that has a degree of hazard rating in health, flammability
or reactivity of Class 4 as ranked by U.F.C. Standard 79-3 or succeeding
standard;
Gift shop;
Ice cream parlor;
Import and export offices;
Investment service offices, stock brokers;
Jewelry store, sales and service;
Legal offices;
Mailbox and service store;
Medical equipment and supplies, sales and service;
Notary public;
Photocopying and blueprinting;
Public utility customer service office;
Real estate offices and title companies;
Restaurant, tearoom and café;
Service businesses;
Stationery;
Studio, art, dance, martial arts, photography;
Tax consulting;
Tobacco store;
Travel agency;
Video sales and rentals.
(Ord. 2190 § 7, 2020)
Conditional uses shall be uses specifically enumerated in Section
21.14.200.
(Ord. 2190 § 7, 2020)
All premises in the O-P zone shall comply with the following standards of development as set out in Sections
21.14.070 through
21.14.190.
(Ord. 2190 § 7, 2020)
The following minimum yards shall be required on all lots:
(A) Front Yard. No minimum front yard is required.
(B) Side and Rear Yards. Every lot shall have and maintain minimum side
and rear yards as follows:
(1) When the side yard is adjacent to a street, the yard shall be at
least 15 feet in depth.
(C) When adjacent to an R-zone, the yard shall be no less than 50 feet, plus five feet in depth for each story above one story of building or each 10 foot increment above 15 feet in height of building on the O-P zoned lot. Where there is an opening, including, but not limited to, windows, pedestrian doors and roll-up doors, in any facing a yard adjacent to an R-zone, the yard shall be no less than 100 feet from any opening to minimum width of the R zoned lot. The yard may be used for parking, excepting a minimum 15 foot wide area abutting the R zone which shall be landscaped and maintained in such a condition so as not to violate Section
4.30.050. The required landscaping shall also conform to the standards set forth in Section
21.14.140. When the O-P zoned lot is separated from an R zone by an alley, a rear yard setback of 40 feet shall be provided, as measured from the centerline of the alley. A minimum three-foot wide landscaped planter shall be installed and maintained along the alley, excepting at any vehicular access driveway.
(D) When adjacent to a commercially-zoned or M zoned lot, no yard is
required.
(Ord. 2190 § 7, 2020)
No building or structure in excess of 40 feet or three stories
shall be located on any lot. Buildings or structures exceeding the
height limits may be permitted upon approval of a conditional use
permit.
(Ord. 2190 § 7, 2020)
The floor area ratio shall not exceed 0.5 when the lot is less
than 10,000 square feet in area. When the lot is between 10,000 and
20,000 square feet in area, the floor area ratio shall not exceed
0.65. When the lot is more than 20,000 square feet in area, the floor
area ratio shall not exceed 0.8. The floor area ratio may be increased
to a maximum of 1.0 for all lots, upon approval of a conditional use
permit.
(Ord. 2190 § 7, 2020)
Each O-P zoned lot shall have and maintain off-street parking
and loading facilities as required by this title.
(Ord. 2190 § 7, 2020)
Except as otherwise provided in Section
21.08.080 the following standards shall apply:
(A) Where any part of the front yard or street side yard of an O-P zoned
lot is used for parking or loading, a masonry wall compatible in color
with the commercial building and/or sight-obscuring hedge a minimum
of three feet in height shall be erected and maintained within a landscaped
area a minimum of three feet in width adjacent to the sidewalk at
the front or side yard property line as required by this title.
(B) When any O-P zoned lot has a common side or rear lot line with any R zoned property, a six-foot solid decorative masonry or concrete block wall compatible in color with the commercial building shall be constructed and maintained along all such common side or rear lot lines. Where an easement exists, abutting the common property line, the said decorative wall may be constructed along the boundary of the easement on the commercial lot. A minimum three-foot wide landscaped planter with automatic irrigation system shall be placed adjacent to the wall, planted with trees, shrubs, ground cover and vines. Where a parking lot on the O-P zoned lot abuts a R zoned lot, the additional parking lot landscaping requirements of Section
21.22.270 shall apply.
(Ord. 2190 § 7, 2020)
Each O-P zoned lot shall be provided with facilities for the
storage and collection of trash as follows:
(A) Any outdoor trash facility shall be enclosed by a minimum five-foot
high solid masonry, brick or concrete wall except for the access way
which shall be enclosed with solid decorative gates of the same height.
(B) Location and size shall be subject to approval by the planner. When
any O-P zoned lot has a common property line with a R zoned lot, no
trash facility shall be located within the required building setback.
(C) Open vehicular and pedestrian access to and from such trash facility
shall be provided. No parking spaces shall block such access to the
trash facility.
(D) Trash facilities shall be maintained in a closed manner at all times
to prohibit visibility from public rights-of-way or adjacent property.
Notwithstanding any other provision of this title, all existing
uses, buildings and structures in the O-P zone which do not conform
to this section shall provide a fully enclosed trash facility within
six months of the effective date of the ordinance codified in this
chapter unless providing such trash facility will eliminate any existing
required off-street parking spaces.
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(Ord. 2190 § 7, 2020)
For O-P zoned lots with side or rear yards that are adjacent
to an R zoned lot, the following buffering provisions shall be provided
and maintained:
(A) Landscaping, irrigation and maintenance plans shall be required and the plans shall be subject to approval of the design review board under the provisions of Chapter
21.36. The plans shall incorporate, but not be limited to, 15 gallon minimum trees at time of planting, interspersed shrubs, ground cover, raised earthen berms and automatic sprinkler systems. The City may require the maintenance plan to include a bona fide service agreement with a City licensed landscaping service business. Maintaining an active service agreement on file with the City Planner shall be the responsibility of the owner of the subject property or authorized agent.
(B) All landscaped areas and easements shall be maintained in good condition, weed and disease free, and in compliance with Chapter 9.54. Notwithstanding any other provision of this title, all O-P zoned lots that abut an R zone and do not have landscaping, irrigation and maintenance plans that have been approved by the design review board pursuant to requirements of Chapter
21.36 shall submit a landscaping, irrigation and maintenance plan for design review board approval within six months of the effective date of the ordinance codified in this chapter.
(Ord. 2190 § 7, 2020)
Each O-P zoned lot which has compressors, air-conditioning units
or similar mechanical equipment, located on the roof and outside of
the exterior walls of any building or structure, shall comply with
the following:
(A) All such equipment shall be installed with permanent sound proofing
measures, including, but not limited to, enclosures, parapet and sound
attenuating walls and screens. All such equipment shall comply with
noise standards set forth in Chapter 9.53. The location, type and
scope of soundproofing measures for such equipment shall be subject
to the approval of the City Planner.
(B) All such equipment shall be maintained in a clean and proper condition
to prevent collection of litter and filth, emissions of dust or fumes,
vibration or electrical disturbances.
(Ord. 2190 § 7, 2020)
All outdoor lighting shall be located and shielded so as to
prevent the direct spillage of light or glare onto adjacent lots and
streets.
(Ord. 2190 § 7, 2020)
Except as otherwise provided in this section, any use, building or structure which is in existence or for which a permit has been issued, as of the effective date of the ordinance codified in this chapter, and which conformed to all zoning regulations of the City then in effect at such time, shall not be rendered nonconforming within the meaning of Chapter
21.30 solely by reason of the application of the development standards as set forth in this chapter; provided that any such existing use, building or structure shall comply with the provisions hereof upon a change in use, or upon use, building or structure expansion or reconstruction, in whole or in part.
(Ord. 2190 § 7, 2020)
Prior to the issuance of a building permit or business license for any use, building or structure to be located on any lot, as to which the provisions of this chapter apply, the provisions of Chapter
21.36 with regard to site development plans shall be complied with.
(Ord. 2190 § 7, 2020)
Every use permitted in the O-P zone shall comply with the following:
(A) All uses shall be conducted totally within a completely enclosed building, except for those uses which are customarily conducted in the open, as determined pursuant to Section
21.02.090 or Chapter
21.32. Those uses conducted in the open shall be no closer than 100 feet to any R zoned lot, except for parking.
(B) No outdoor storage shall be allowed unless the same is enclosed by
a view-obscuring fence or wall, provided that no stored material is
visible above the fence or wall, that the fence or wall is approved
by the City Planner and that such storage shall be limited to the
accessory storage of items sold or utilized in the conduct of a permitted
use on the premises. Where the O-P zoned lot is adjacent to a R zoned
lot, no outdoor storage shall be permitted within 100 feet of a R
zoned lot.
(C) No loading and unloading shall be permitted in any required side
or rear yard.
(D) Where the O-P zoned lot is adjacent to a R zoned lot, no deliveries
of goods and commodities nor loading or unloading shall be conducted
during the hours from 10:00 p.m. to 7:00 a.m.
(E) There shall be no overnight parking of vehicles, except those vehicles
used in conjunction with a permitted use.
(F) Driveways may not exceed 30 feet in width or 60% of the lot frontage.
(G) No use shall be permitted which produces or causes or emits any dust,
gas, smoke, glare, noise, fumes, odors, electromagnetic emanations
or vibrations which are or may be detrimental to the health, safety,
welfare and peace of the City and its residents and businesses.
(H) No use shall be permitted which uses or stores a hazardous material
that has a degree of hazard rating in health, flammability or reactivity
of Class 4 as ranked by U.F.C. Standard 79-3 or succeeding standard.
A business materials usage and operations form shall be filed with
the Public Works Department prior to the approval of a certificate
of occupancy.
Notwithstanding any other provision of this title, all O-P zoned
businesses that do not have a business materials usage and operations
form on file shall submit a form within six months of the effective
date of the ordinance codified in this chapter.
(I) No person shall, at any location within the O-P zone, create nor
allow the creation of noise which causes the noise level to exceed
the applicable noise standards set forth in Chapter 9.53. Where the
O-P zoned lot is adjacent to an R zoned lot, the noise level at the
property line of the R zoned lot shall not exceed the allowable noise
level for residential properties.
(Ord. 2190 § 7, 2020)