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.
(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)