§ 137-360. Height, area, and development regulations.

In the commercial C-3 district, the height of buildings, the minimum dimensions of yards and setbacks, and the minimum lot area per commercial building shall be as follows:

(1)

Height. No building hereafter erected or structurally altered shall exceed 120 feet or ten stories in height.

(2)

Accessory buildings.

a.

Accessory buildings not over 15 feet high may be located in the rear half yard area, provided the accessory buildings come no nearer than 30 inches to any rear lot line or side lot line. Additionally, accessory buildings shall not be greater than 720 square feet in floor area.

b.

No accessory building shall be used in whole or part for living or residential purposes.

c.

No accessory building or accessory building area shall be used for commercial storage purposes.

(3)

Off-street parking. Parking areas, if provided, shall be properly graded drained, paved with a durable, dust-free surface, and shall be suitably lighted, if the facility operates after sunset.

(4)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner lot where the corner lot adjoins the intersecting street right-of-way. There shall be a complete vision clearance for a distance of not less than ten feet above the ground on all corner lots. However, on corner lots that adjoin an intersecting street right-of-way which has a signalized traffic control system, no vision clearance shall be required.

(5)

Fences.

a.

Interior lots.

1.

No fence over seven feet in height shall be erected between the rear lot line and the front building setback line; along the front setback line between the side wall of the building and the side lot line; or along the rear lot line between the two side lot lines.

2.

No fence over four feet in height shall be erected between the front building setback line and the front lot line or along the front lot line between the two side lot lines; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

b.

Corner lots.

1.

A seven-foot-high fence may be erected only along the exterior side building setback line and the rear building setback line and along the exterior side building setback line, if extended, between the rear building setback line and the rear lot line. A seven-foot-high fence may be erected along the interior side lot line between the front building setback line and the rear lot line, and may be erected along the rear lot line between the interior side lot line and the intersection of the rear lot line and the exterior side building setback line, if extended. Four-foot-high fences may be erected in the exterior side yard area between the front setback line and the rear lot line; such fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

2.

No fence over four feet in height shall be erected between the front building setback line and the front lot line, or along the front lot line between the interior side lot line and the exterior side building setback line; the fence shall have a minimum of 75 percent of its surface open to permit visibility through it.

(6)

Trees. Only hardwood trees shall be planted between the curb and sidewalk in the tree lawn. No trees shall be planted in tree lawns of less than five feet in width. The spacing of trees in tree lawns shall be not less than 40 feet apart.

(7)

Signs. All signs shall conform with requirements of chapter 129.

(8)

Controlled uses. In order to promote the use of the downtown city center as a regional retail business center, any class A cabaret or restaurant which sells beer, wine and/or intoxicating liquor for consumption on the premises is exempt from location spacing restrictions.

(9)

Design/development plan review. Subject to all requirements identified by chapter 105, design review/development plan.

(Code 1985, § 159.087; Ord. No. 2916, 8-4-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3703, 6-21-1993; Ord. No. 4470, 12-21-1999; Ord. No. 4565, 2-12-2001)