§ 137-428. Height, area, and developmental regulations.

In the commercial C-6 district, the height of buildings, the minimum dimension 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 35 feet or 2½ stories.

(2)

Front building setback.

a.

There shall be a front building setback of at least 25 feet for all new principal buildings. Nonconforming buildings shall adhere to the applicable sections regulating nonconformances.

b.

On through lots the required front building setback shall be provided on both streets. No accessory buildings shall project beyond the front building setback line on either street.

(3)

Side building setback. A side building setback shall not be less than five feet in width as measured from the facia board to the side lot line. On corner lots the usual front building setback and side building setback regulations shall apply; however, the exterior side building setback shall not be less than 50 percent of the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the front building setback required for lots facing the street upon which the side yard abuts. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this section to less than 25 feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with.

(4)

Rear building setback. There shall be a rear building setback of not less than 25 feet in depth. In the case of a through lot, no rear building setback is required, but each street frontage shall be subject to the front building setback requirements of this section.

(5)

Accessory buildings.

a.

Accessory buildings not over 15 feet high may be located in the rear half yard area, provided the accessory buildings come not 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.

(6)

Minimum lot area and maximum intensity of use.

a.

Every lot upon which a building is erected or altered shall have a front lot width dimension and area as follows:

1.

Sewer and water available: 60 feet frontage at front lot line; 6,600 square feet.

2.

Sewer or water unavailable: 70 feet frontage at front lot line; 10,000 square feet.

3.

Sewer and water unavailable: 100 feet frontage at front lot line; 15,000 square feet.

b.

Any lot which has been recorded in a subdivision plat or deed with the office of the county recorder prior to November 21, 1966, and which is 4,000 square feet or more in area, may be used as a building site.

c.

No building with its accessory buildings shall be erected or increased in ground area so that more than 60 percent of the area of the lot will be occupied.

(7)

Off-street parking.

a.

Ratio requirements.

1.

Single-family, two-family, or duplex dwellings, two per residential unit.

2.

Churches or synagogues, one per four seats or 80 inches of seating length in the main sanctuary or auditorium.

3.

Public libraries, two per 1,000 square feet of gross floor area.

4.

All other uses, four per 1,000 square feet of gross floor area.

b.

Construction parameters. The following shall apply to all parking lots, excluding two-unit dwellings or duplex dwellings, and single-family dwelling driveways:

1.

All parking spaces required to service the principal building shall be located on the same lot as the principal building, or on a separate lot which is within 300 feet of the main entrance to the principal building.

2.

When a principal building undergoes an increase in the gross floor area, seating capacity, or number of units, the required off-street parking availability shall be increased to equal or exceed the off-street parking requirements.

3.

All parking lots shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds without damaging the pavement. The lot shall be properly maintained at all times.

4.

All lots shall be lighted if used after sunset. Lights shall be located, shielded, and directed upon the parking lot in such a manner as to not shine or reflect onto adjacent property or into the public right-of-way. Lighting shall not exceed three footcandles as measured at that portion of the lot line which abuts residentially-zoned property.

5.

A minimum five-foot parking lot setback shall be provided between the property line and edge of the parking lot pavement. A minimum ten-foot parking lot setback shall be provided between any public road right-of-way or private access easement and the edge of parking lot pavement. A minimum ten-foot parking lot setback shall be provided between internal vehicular collector drives and the edge of parking lot pavement. Slag, gravel or any type of pavement shall be prohibited within the setback area. The setback area shall be landscaped with vegetative ground cover or grass and/or decorative trees or shrubs.

6.

Public address systems shall not be permitted in any parking lot.

7.

Parking spaces shall be a minimum of 180 square feet in area with a minimum width of 8½ feet. Small car parking spaces may be constructed, but shall be no smaller than 130 square feet in area with a minimum width of 8½ feet. A maximum of 25 percent of the total off-street parking spaces may be used for small cars, and each parking space shall be marked by an above-grade sign as a small car parking space.

8.

Parking lots shall be properly graded and drained so that stormwater drainage is collected and disposed of on site.

9.

Parking lots shall be located behind the rear wall of the principal building.

(8)

Vision clearance. No structure, fence, hedge, or other plantings shall be permitted within a ten-foot radius of the corner of the 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.

(9)

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.

(10)

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.

(11)

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

(12)

Design review; development plan restrictions. This section shall apply only to new commercial development, new commercial development (separate structures) on existing sites, or total commercial redevelopment or replacement. This section shall not apply to building additions or expansions to existing buildings. All construction shall meet the requirements of chapter 105, design requirements as referenced herein, except that the plan commission shall specifically consider the context of the proposal relative to the nonconforming status of adjacent structures. The plan commission may consider the nonconforming status of adjacent structures in approving waivers in accordance with section 105-39. In accordance with section 105-4, the applicable design requirements are identified as follows:

a.

Section 105-76, architectural materials, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. At a minimum, two-thirds of each face of the visible portions of the building must use appropriate architectural materials. The remaining third may consist of other materials as may be determined by the owner/developer of the building. Appropriate architectural materials shall be expanded to include glass, exterior insulation and finish systems (EIFS), decorative concrete block and similar masonry units, painted/stained lap wood siding, and other high-quality materials as may be deemed appropriate by the plan commission. Metal siding and standard concrete block exterior finishes shall be considered inappropriate architectural materials. The color of all exterior architectural finishes shall meet the requirements of section 105-77 as supplemented below.

b.

Section 105-77, architectural color and textures, further limited as to only apply to those portions of the building visible from the public right-of-way and private collector roads serving multiple properties or businesses. Appropriate colors and textures may be expanded to include bold and contrasting colors subject to the review and approval of the plan commission in accordance with the established intent of the ordinance as documented by section 105-2.

c.

Section 105-108, mechanical equipment.

d.

Section 105-109, vending machines and newsracks. This requirement shall not apply to newsracks located in conjunction with restaurants which meet the required building setbacks of the district. Newsracks located adjacent to other commercial buildings that are designed in concert with the building may also be deemed appropriate by the plan commission.

e.

Section 105-116, dumpster/utility service areas.

f.

The public hearing requirements identified by section 105-31 shall not apply.

(Code 1985, § 159.105; Ord. No. 2977, 12-8-1986; Ord. No. 3263, 4-17-1989; Ord. No. 3297, 8-7-1989; Ord. No. 3363, 3-19-1990; Ord. No. 3698, 6-21-1993; Ord. No. 3703, 6-21-1993; Ord. No. 4565, 2-12-2001; Ord. No. 4576, 4-2-2001; Ord. No. 4584, 5-7-2001)