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Planning and Zoning Commission

Regular Meeting

Knoxville, IA · July 12, 2022

Agenda

Agenda

CITY OF KNOXVILLE July 12, 2022 PLANNING & ZONING COMMISSION 5:30 P.M. REGULAR MEETING COUNCIL CHAMBERS AGENDA MEMBERS PRESENT: Jacob Vander Ecken____, Mike Cox____, Willie Swayne____, Lucas Young____, Kirsten Meyers____, & Scott Ziller____ ITEM AGENDA: 1. Call to Order 2. Roll Call 3. Approve Meeting Agenda 4. Approve Meeting Minutes A. June, 14 2022 5. New Business A. Consider a joint application from Jeff Sinnard and Rick Van Donsler to rezone the properties at 1514 and1610 E Marion Street from C-2, General Commercial, to M-1, Service Commercial/Limited Industrial District 6. Comments a. Board Members b. Staff 7. Adjourn City of Knoxville | 305 S. Third Street | Knoxville, IA 50138 | 641-828-0550 www.knoxvilleia.gov PLANNING & ZONING COMMISSION MINUTES June 14, 2022 The meeting was called to order at 5:45 pm by Acting Chairperson Lucas Young and on roll call the following members were present: Mike Cox Kirsten Meyers (via Zoom) Lucas Young Scott Ziller Members not present: Willie Swayne & Jacob Vander Ecken Staff Present: Nathan Parch, Planning & Zoning Administrator, Glenn Lyons, Economic Development Director, and Heather Ussery, City Manager Public Present: Susan Swartzendruber, Executive Director, Robert Stittsworth, Public Housing Coordinator, and board members Anne Ogle Leonard and Curt Schwanebeck, all with Low Rent Housing Agency of Knoxville It was moved and seconded to approve the June 14, 2022 agenda. Motion approved on voice vote: Ayes: Cox, Meyers, Young, Ziller; Nays: None; Absent: Vander Ecken, Swayne It was moved and seconded to approve the minutes of the May 10, 2022 meeting. Motion approved on voice vote: Ayes: Cox, Meyers, Young, Ziller; Nays: None; Absent: Vander Ecken, Swayne Old Business: Consider a request from Low Rent Housing Agency of Knoxville to rezone the property at 714 W. Rock Island Street from R-3, Multi-Family Residential District, to M-1, Service Commercial/Limited Industrial District, for use as an office building Nathan Parch noted this item was discussed at the May 10, 2022 meeting and tabled for future discussion. No new information has been received since then. Mr. Parch relayed that rezoning is the only available tool at this time to permit an office use at the subject property. The current R-3, multi-family residential, zoning designation does not allow for offices as either a permitted or special use. Further, the Zoning Code restricts the Board of Adjustment from granting a variance to allow a use not permissible or expressly prohibited in any district. 1 PLANNING & ZONING COMMISSION MINUTES June 14, 2022 Susan Swartzendruber, Executive Director of Low Rent Housing Agency of Knoxville, was present and introduced Public Housing Coordinator Robert Stittsworth and board members Anne Ogle Leonard and Curt Schwanebeck. Ms. Swartzendruber shared the reasons why the Agency proposed to relocate its offices at city hall to the existing single- family structure at 714 W. Rock Island Street and the necessary steps and timing needed to comply with requirements of the Department of Housing and Urban Development (HUD), who provides their funding. Ms.- Swartzendruber clarified that Low Rent Housing Agency of Knoxville is an independent agency and not a city department. City Manager Heather Ussery clarified that both Low Rent Housing Agency of Knoxville and the Knoxville Senior Center are tenants at city hall, each with a separate lease agreement in place. Plans for a new city hall/public safety facility have been discussed in the past, however space is not included for Low Rent Housing Agency of Knoxville or the Knoxville Senior Center. At a future point in time, yet to be determined, both will need to relocate. There are no immediate plans to proceed with a new building and neither tenant has been given notice to vacate city hall. Motion was made by Mike Cox to approve rezoning the property at 714 W Rock Island Street to M-1, Service Commercial/Limited Industrial, for use as an office building. The motion was seconded by Kirsten Meyers. Motion approved on voice vote: Ayes: Cox, Meyers, Ziller; Nays: Young; Absent: Vander Ecken, Swayne New Business: Consider a request from National Sprint Car Hall of Fame & Museum for a painted wall sign in the 600 block of N. Lincoln Street, west side, immediately north of the railroad tracks (Parcel ID 0897700000) On behalf of the National Sprint Car Hall of Fame & Museum, Executive Director Bob Baker presented plans to paint a 120’x20’ mural on the south elevation of the existing metal building at the intersection of N Lincoln Street (Hwy 14) and the railroad tracks. The proposed mural, designed by artist and muralist Ben Schuh, will predominantly feature the text “Knoxville Sprint Car Capital of the World” with images of classic and modern sprint cars. The logos for National Sprint Car Hall of Fame & Museum and Knoxville Raceway will also be featured. Nathan Parch noted the proposal mural is considered a painted wall sign per the City’s sign regulations requiring approval from the Planning & Zoning Commission. Motion was made by Kirsten Meyers to approve the painted wall sign as proposed. The motion was seconded by Scott Ziller. Motion approved on voice vote: 2 PLANNING & ZONING COMMISSION MINUTES June 14, 2022 Ayes: Cox, Meyers, Young, Ziller; Nays: None; Absent: Vander Ecken, Swayne Consider an application from City of Knoxville to rezone a portion of the former VA property – specifically the area north of W. Pleasant Street, east of N. Willetts Dr, and west of Desmont Dr – from R-2, One- and Two-Family Residential District to R-2 PUD, One- and Two-Family Residential District Planned Unit Development. Nathan Parch reported the City of Knoxville requests a 21.58-acre portion of the former, 152-acre VA property be rezoned from R-2, One- and Two-Family Residential, to R-2 PUD, One- and Two-Family Residential Planned Unit Development. The proposed PUD zoning designation requires that a master plan, proposed development rules/regulations, and design guidelines be provided as part of the application package per chapter 18 of the zoning code, entitled Planned Unit Development District. Mr. Parch reviewed the proposed master plan that includes 68 residential lots with dimensions of 50-60 feet in width and 98-110 feet in depth. Lots may be developed as single-family homes, duplexes, or 3-unit rowhouses. There will be a system of 20-foot alleys that provide vehicular access to rear garages, either attached or detached. A true boulevard aligned with and mirroring the dimensions of Park Lane Drive to the south will provide the main point of access into the development. An area east of the boulevard will accommodate stormwater detention (Outlot Z) and a significant area to the west will provide a public park in excess of three acres (Outlot V). The overall design orients the majority of homes to face the boulevard or park with an uninterrupted frontage along the street and garages or on-site parking out of view, in the rear of the lots. Mr. Parch also reviewed the proposed bulk zoning regulations for R-2 PUD and highlighted how they compared with the current R-2 zoning district in terms of: lot area and width; setbacks – front, side, rear; permitted locations for off-street parking, driveways, and garages; and requirements for street trees. Glenn Lyons shared that the proposed master plan and companion R-2 PUD zoning are designed to accommodate rowhouse development as contemplated in the Concept Plan for the Veterans District (2020) as well as single-family and duplex development on smaller lots allowing for flexibility based on market demand. Lucas Young asked if neighboring properties were notified of the proposed rezoning. Nathan Parch responded property owners within 200 feet of the subject development site received mailed notification, including all properties on Desmont Drive and W Pleasant Street extending to N Lincoln Street. 3 PLANNING & ZONING COMMISSION MINUTES June 14, 2022 Lucas Young suggested the proposed bulk regulations be revised to require one (1) deciduous shade tree per dwelling unit versus per every 50 feet of lot width. Motion was made by Mike Cox to approve rezoning the subject 21.58-acre property to R-2 PUD, One- and Two-Family Residential District Planned Unit Development with the condition the proposed master plan is amended to require one (1) deciduous shade tree per dwelling unit. The motion was seconded by Scott Ziller. Motion approved on voice vote: Ayes: Cox, Meyers, Ziller; Nays: Young; Absent: Vander Ecken, Swayne Consider a preliminary plat from City of Knoxville for The Veterans District Phase One Subdivision at the former VA property north of W. Pleasant Street, east of N. Willetts Dr, and west of Desmont Dr. Nathan Parch reported the City of Knoxville requests approval of a Preliminary Plat for The Veterans District Subdivision – Phase 1 in order to subdivide a 22.58-acre portion of the former, 152-acre VA property for residential development. The proposed subdivision includes 68 lots for single-family, duplex, or 3-unit rowhouse development. Two outlots are also proposed – Outlot V will be a 3-acre public park and Outlot Z will be used for stormwater detention. A network of public streets (Liberty Lane, Justice Way, Freedom Way, and Barton Drive) and 20-foot alleys will provide access to the lots, in addition to the main boulevard (Veteran’s Boulevard) that will be aligned with Park Lane Drive to the south serving as the primary entry into the subdivision from W. Pleasant Street. Mr. Parch noted applications for the preliminary plat of subdivision and R-2 PUD rezoning were filed by the City of Knoxville concurrently. Mr. Parch explained the proposed preliminary plat prepared by Synder & Associates, Inc., dated May 27, 2022, conforms with the PUD master plan previously presented, and approved, as agenda item 6.B. in terms of land use, general layout/access, design, number and size of lots, and building lines. Lucas Young asked about the street names. Glenn Lyons explained why the street names were selected - some were retained from the former north-south east-west VA street system, others were selected as complimentary to those names retained, and a few were selected as tributes to military heroes. Kirsten Meyers shared her concern that the proposed housing types be saleable in the local market and urged outreach to the real estate community. 4 PLANNING & ZONING COMMISSION MINUTES June 14, 2022 Motion was made by Scott Ziller to approve the preliminary plat for the Veterans District Phase One Subdivision as presented. The motion was seconded by Mike Cox. Motion approved on voice vote: Ayes: Cox, Meyers, Ziller; Nays: Young; Absent: Vander Ecken, Swayne Motion was made by Scott Ziller to adjourn. The motion was seconded by Mike Cox. Meeting adjourned at 6:49 pm. ________________________________ _______________________________ Jacob Young, Acting Chairperson Nathan Parch, P&Z Administrator 5 PLANNING & ZONING COMMISSION STAFF REPORT JULY 8, 2022 1514 & 1610 E MARION STREET – REZONING SUMMARY CASE NUMBER: ZON-22-003 PREPARED BY: Nathan Parch, Planning & Zoning Administrator MEETING DATE: July 12, 2022 – Planning & Zoning Commission REQUEST: Rezone 1514 and 1610 E Marion Street from C-2, General Commercial District, to M-1, Service Commercial/Limited Industrial District PURPOSE: Rezone property to allow storage structures for personal/business use SUMMARY OF REQUEST: Applicants Jeff Sinnard and Rick Van Donsler request the properties at 1514 and 1610 E Marion Street be rezoned from C-2, General Commercial, to M-1, Service Commercial/Limited Industrial District. The adjacent properties are located on the south side of E Marion Street east of the point where E Marion Street and the railroad tracks intersect and west of E Main Avenue. See attached location maps. Pending rezoning is approved, the properties will be used as follows: a) 1514 E Marion Street - The property is 19,348 SF and is vacant except for a gravel driveway that extends southward from Marion Street to the rear of the site. Mr. Sinnard intends to use the subject property for storage and would like to store contents within four (4) adjoined shipping containers – each one 8’ wide and 20’ long – with total dimensions of 32’ wide and 20’ long. See attached site plan. b) 1610 E Marion Street – The property is 32,632 SF and includes a 2,400-square foot metal shed with gravel driveway at the front of the site. The remainder of the property is vacant. Mr. Van Donsler intends to continue using the shed for storage. Currently this property is considered a non-conforming use of land per Section 9-3-3 of the zoning code as the use is not permitted in the C-2 district. Rezoning would bring the property into compliance. Surrounding zoning and land use classifications are: Zoning Land Use North C-2, General Commercial Single-Family Homes (1509 E Marion Street & 1306 E Pleasant Street) South C-2, General Commercial RR ROW East M-1, Service Commercial/ Storage Shed (no address) Limited Industrial District Single-Family Home, Pole Barn, & Out Buildings (1702 E Pleasant Street) West C-2, General Commercial Vacant Single-Family Home (1510 E Marion Street) The City of Knoxville’s Comprehensive Plan was adopted by City Council on December 4, 2017. The plan is intended to serve as a “road map” for future development locations. The future land use for 1514 E Marion Street is identified as “Public/Quasi-Public” (blue) and surrounding properties are recommended to be “Single-Family” (yellow), including 1610 E Marion Street (see below). The Public/Quasi-Public land use category includes all property owned, maintained, or controlled by a federal, state, or local governmental entity intended for public uses. Religious buildings, parks, and golf courses are also included in this category. The Single-Family category includes single family homes or other lower density residential units such as duplexes or triplexes. 2 The City of Knoxville owned1514 E Marion Street from September 2010 until January 2016, which likely explains the Public/Quasi-Public category. It was acquired by the city as part of a Neighborhood Stabilization Program that allowed the city to purchase dilapidated and nuisance properties, which were typically demolished and later sold for redevelopment. ANALYSIS OF REQUEST: C-2 Zoning: The subject properties are zoned C-2, which has the following stated intent: 9-7B-1: INTENT: The C-2 general commercial district is designed to provide space for the general retail and professional office uses, and efficient development of major retail shopping areas (other than shopping centers in the C-3 district). The districts include commercial property existing along major streets and highways of the city. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile traveling consumer. (1983 Code § 11-1-17A) This district does not allow personal storage as a permitted use. “Screened in storage yards” or “Miniwarehouse” (self-service storage facilities) are permitted as special uses requiring review/approval of the Board of Adjustment and including the following four conditions: • All areas subject to traffic shall be hard surfaced. • When a miniwarehouse is adjacent to A-1 or residential districts the exterior of the building and landscaping shall be comparable to the residential area. • Maximum area per unit shall be five hundred (500) square feet. • Maximum height of the building shall be twenty feet (20'). (1983 Code § 11-1-17C) Given the intent of the district and the location of the subject properties, the C-2 zoning classification does not seem appropriate. Marion Street in this block is a one-lane gravel road with a non-signaled railroad crossing and a steep hill at the west end. Further, there are no known plans to widen or pave this section of roadway. Rezoning to M-1: The stated intent of the M-1 district is as follows: 9-8A-1: INTENT: The M-1 Service Commercial/Limited Industrial District is intended and designed to provide for increased flexibility in the location of certain limited service commercial and manufacturing and industrial uses while maintaining protection for nearby residential districts. It allows selected uses of nonnuisance character to locate in areas within reasonable proximity of residential uses. (1983 Code § 11-1-20A) This district allows the following as permitted uses: “Miniwarehouse”, “Parking areas, including garages”, “Warehousing”, or “Any other use which is determined by the commission to be consistent with the intent of this chapter”. In staff’s opinion, it is the latter use that seems most appropriate, which in this case would be “Personal/business storage facility”. Both Mr. Sinnard and Mr. Van Donsler plan to use the properties for their personal/business storage needs. Neither intends to lease storage space to others, therefore the miniwarehouse use doesn’t fit at this time, however it is a permitted use in M-1 that could be implemented at a future point in time. 3 Given the location and the proposed use it seems M-1 is an appropriate zoning designation for these properties, and perhaps other adjacent parcels. Single-family residential at this location does not seem appropriate, despite the recommendation of the comprehensive plan, due to existing conditions such as the location of the railroad tracks, existing, non-residential uses on the block, commercial/light industrial uses to the south (on E Main Street), and adjacent M-1 zoning immediately to the east. Further, the city is encouraging new residential development to occur on infill sites such as East School and at the former VA property. Shipping Containers: Section 9-4-11 of the zoning code, entitled “Storage Containers” allows a shipping container for temporary storage only on residential or commercial property for a period not to exceed fourteen (14) days in any consecutive twelve (12) month period. No more than one such temporary container can be placed on a property during any twelve (12) month period. Temporary storage containers are allowed on industrial properties with no specific restrictions to size, number of containers, or length of time. The zoning code does not provide a definition of “temporary storage container”. 9-4-11: STORAGE CONTAINERS: Temporary storage containers, including, but not limited to, storage box shipping containers, storage moving "pods", or any other similar portable storage containers, whether with or without wheels, and whether with or without a chassis, may only be placed upon a residential or commercial property for a period not to exceed fourteen (14) days in any consecutive twelve (12) month period. No more than one such temporary container can be placed on a property during any twelve (12) month period. This section shall not apply to prefabricated garden sheds or similar structures specifically designed and intended for use on properties for storage purposes and which comply with all city ordinances applicable to detached accessory structures. Temporary storage containers are allowed on industrial properties. Any temporary storage container existing on any property in the city on January 1, 2017, shall either be removed from such property, or brought into compliance with the provisions of this section within sixty (60) days of January 1, 2017. (Ord. 16-07, 12-19-2016) PROCESS: Chapter 14 of the Zoning Code establishes the procedure for amendments to the zoning code or map. Applications for a map amendment (rezoning) are considered by the Planning & Zoning Commission with a recommendation made to City Council for final approval at which time a public hearing is held. Notice of the application is provided to all property owners located within 200 feet of the subject property and is posted in the newspaper. Public comments are taken at the Plan Commission and City Council meetings. ACTION: The Planning and Zoning Commission may choose one of the following four actions: 1. Approve the application as presented (Staff Recommendation) 2. Approve the application with conditions 3. Deny the application 4. Table the meeting if more information is required 4 ATTACHMENTS: 1) Location Maps 5 6 PROPERTY OWNER NOTICE Mailing Date: July 1, 2022 Case No: ZON-22-003 The City of Knoxville is in receipt of an Application for Rezoning for the properties noted below. City Code Section 9-14-2(B) requires notification be provided to all property owners lying within 200 feet of the subject property. The applicant, Jeff Sinnard, requests the properties at 1514 and 1610 E Marion Street be rezoned from C-2, General Commercial, to M-1, Service Commercial/Limited Industrial District, to be used for storage purposes. A metal shed is currently located on the 1610 E Marion property for this purpose. The applicant proposes to locate four (4) shipping containers for personal storage, each measuring 8’x20’, at the rear of the 1514 E Marion property, which is currently vacant. The M-1 District is intended and designed to provide for increased flexibility in the location of certain limited service commercial and manufacturing and industrial uses while maintaining protection for nearby residential districts. It allows selected uses of non-nuisance character to locate in areas within reasonable proximity of residential uses. The Planning and Zoning Commission will hold a public meeting on Tuesday, July 12, 2022 at 5:30 P.M. in the Council Chambers at Knoxville City Hall, 305 S. Third Street, to review and receive public comments pertaining to this application. You are invited to attend the public meeting to learn more about this request. Comments may be provided in person at the meeting or in advance with the form below. Please direct all comments and/or questions to: Nathan Parch, Planning & Zoning Administrator Knoxville City Hall - 305 S. Third Street, Knoxville, IA 50138 641-828-0550 nparch@knoxvilleia.gov [ ] I am in favor [ ] I am opposed [ ] I have no comment COMMENTS: ______________________________________________________________________________ ______________________________________________________________________________ __________________________________ ___________________________________ Property Owner Name (First, Last) Property Owner Mailing Address ____________________________________ __________________________________ Property Owner Signature Date PROPERTY OWNER NOTICE Subject Property: 1514 & 1610 E Marion Street, Knoxville, IA 50138 1514 E Marion: BROWN'S LOT 15 N OF RR EXC E48'&LOT 16 N OF RR EXC W76’ Legal Description: 1610 E Marion: BROWN'S LOT 14 &E48' OF LOT 15 N OF RR EXC PT IN SE LOT 14 Property Owner: Marion County Requested By: Jeff Sinnard Ben Shinn Trucking Inc. Vinton & Betty Lee Caulkins Mary Jean Foster PO Box 286 1306 E Pleasant 3039 Dean Knoxville, IA 50138 Knoxville, IA 50138 Oskaloosa, IA 52577 Mindy Lou Matthess Ammie Sue & Timothy McCreery RJVD LLC 1509 E Marion St 1406 E Marion 606 E Robinson Knoxville, IA 50138 Knoxville, IA 50138 Knoxville, IA 50138 Rock Island Rentals LLC Shinn Brothers Ltd Jeffrey & Lori Sinnard 1326 245th Pl 813 S Lincoln St 705 S 3rd St Pella, IA 50219 PO Box 314 Knoxville, IA 50138 Knoxville, IA 50138 Paul Gene & C. Vander Veer Box 32 Harvey, IA 50119 ARTICLE B. C-2 GENERAL COMMERCIAL DISTRICT SECTION: 9-7B-1: Intent 9-7B-2: Principal Permitted Uses 9-7B-3: Special Uses And Development Permits 9-7B-4: Permitted Accessory Uses 9-7B-5: Bulk Regulations 9-7B-1: INTENT: The C-2 general commercial district is designed to provide space for the general retail and professional office uses, and efficient development of major retail shopping areas (other than shopping centers in the C-3 district). The districts include commercial property existing along major streets and highways of the city. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile traveling consumer. (1983 Code § 11-1-17A) 9-7B-2: PRINCIPAL PERMITTED USES: Only the uses of structures or land listed in this chapter shall be so permitted: A. Any use permitted in the C-1 district; except single- and two-family dwellings. B. Retail or service such as the following: Antique shops. Apparel shops. Art shops. Auto, motorcycle and truck service and sales center, auto body; provided, that all work is done within an enclosed building, and that no inoperable autos or materials are held or stored outside a six foot (6') high sightproof fence. Bakeries or bakery outlets, retail sales only. Banks, savings and loan association, and similar financial institutions. Bicycle shops, sales and repairs. Billiard or pool halls. Boat sales, rentals and service. Bookstores. Bowling and recreation centers. Camera stores. Car washes. Childcare. Clothes cleaning and laundry pick up stations. Clubs and lodges. Collection office of public utility. Confectionery stores, including ice cream or snack bar. Dairy stores, retail only. Dance studios. Delicatessens. Department stores. Drugstores. Dry goods stores. Florist shops and greenhouses. Furniture stores. Garden stores and nurseries. Gas stations. Gift shops. Grocery stores including supermarkets. Hardware stores. Hobby shops. Household appliances, sales and repair. Ice cream parlors. Jewelry stores and watch repair shops. Key shops. Launderettes, coin-operated dry-cleaning establishments and dry-cleaning or pressing establishments. Leather goods stores. Meat market for storage and retail sales only. Miniature golf. Mobile homes sales and service but not including a unit as a residence. Motels/hotels. Music stores. Music studios. Office buildings. Paint and wallpaper stores. Pet shops. Physical fitness and health establishments. Post offices. Printing shops. Public auction establishments. Public buildings and utilities including administrative and sales offices, equipment storage buildings and enclosed storage. Radio and television sales and repair shops. Restaurants, night clubs, cafes, including drive-in facilities. Schools and commercial. Shoe shops. Sporting goods stores. Tailor and dressmaking shops. Taverns. Theaters, indoors. Tire stores. Toy stores. Upholstering shops. Variety stores. Veterinary clinics. Video arcades. Wholesale display and sales room. C. Combinations of the above uses. D. Any use which is considered by the Zoning Administrator to be like or similar to one of the uses listed above. (1983 Code § 11- 1-17B; amd. Ord. 01-12, 11-5-2001) 9-7B-3: SPECIAL USES AND DEVELOPMENT PERMITS: Special uses and development permits shall be issued under chapter 10 of this title. A. Single-family and two-family dwellings. B. Local public utility facilities; provided, that any installation, other than poles and towers and equipment attached to the poles and towers, shall be: 1. Adequately screened with landscaping, fencing or walls, or any combination thereof; or 2. Placed underground; or 3. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. (1983 Code § 11-1-17C) All plans for screening these facilities shall be submitted to the board for review. No building permit or installation permit shall be issued until these plans have been approved by the board. (1983 Code § 11-1-17C; amd. Ord. 05-06, 6-6-2005) C. Cemeteries and mausoleums. D. Driving ranges associated with a golf course. E. Lumberyards. (1983 Code § 11-1-17C) F. (Rep. by Ord. 20-13, 9-21-2020) G. Screened in storage yards. H. Structures may be allowed up to sixty five feet (65') in height, unlimited number of stories. I. Miniwarehouse (self-service storage facilities) subject to the following: 1. All areas subject to traffic shall be hard surfaced. 2. When a miniwarehouse is adjacent to A-1 or residential districts the exterior of the building and landscaping shall be comparable to the residential area. 3. Maximum area per unit shall be five hundred (500) square feet. 4. Maximum height of the building shall be twenty feet (20'). (1983 Code § 11-1-17C) J. Contractor shops (plumbing, heating/air conditioning or electrical). (Ord. 98-06, 11-16-1998; amd. Ord. 20-13, 9-21-2020) 9-7B-4: PERMITTED ACCESSORY USES: A. C-1 Accessory Uses: Accessory uses permitted in the C-1 District. B. Merchandise Storage: Storage of merchandise incidental to the principal use, but not to exceed forty percent (40%) of the floor area utilized for such use. (1983 Code § 11-1-17D) C. Signs: See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012) D. Parabolic Dish Antennas: Parabolic dish antennas shall be as allowed by this title. (1983 Code § 11-1-17D) 9-7B-5: BULK REGULATIONS: The following minimum requirements shall be observed subject to the modifications contained in chapter 4 of this title: A. Lot Area: None B. Lot Width: None 30 feet except canopies used in conjunction C. Front Yard: with a gas station which shall be set back a minimum of 10 feet. 5 feet except where side yard is adjacent to D. Side Yard: an R district, in which case the yard shall be at least 15 feet. E. Rear Yard: 25 feet F. Maximum Height: 45 feet G. Maximum Number Of Stories: 4 stories H. Minimum Width: 20 feet All footings shall be in compliance with the I. Perimeter Foundation: Building Code in effect as adopted by the City Council. Spaces for off street parking and loading shall J. Off Street Parking/Loading: be provided in accordance with the provisions of chapter 9 of this title. Site plans shall be required in accordance with provisions of chapter 11 of this title for all K. Site Plan: uses permitted in this district except one- family and two- family dwellings. (1983 Code § 11-1-17E; amd. Ord. 04-02, 3-1-2004) ARTICLE A. M-1 SERVICE COMMERCIAL/LIMITED INDUSTRIAL DISTRICT SECTION: 9-8A-1: Intent 9-8A-2: Principal Permitted Uses 9-8A-3: Special Uses And Development Permits 9-8A-4: Permitted Accessory Uses 9-8A-5: Bulk Regulations 9-8A-1: INTENT: The M-1 Service Commercial/Limited Industrial District is intended and designed to provide for increased flexibility in the location of certain limited service commercial and manufacturing and industrial uses while maintaining protection for nearby residential districts. It allows selected uses of nonnuisance character to locate in areas within reasonable proximity of residential uses. (1983 Code § 11- 1-20A) 9-8A-2: PRINCIPAL PERMITTED USES: Only the uses of structures or land listed in this chapter shall be permitted in the M-1 District; provided, however, that all manufacturing or other comparable treatment, including storage of any and all materials and equipment, shall take place within completely enclosed buildings, or approved sight-proof fencing except for parked motor vehicles and off-street parking and loading as required by chapter 9 of this title. No dwelling or dwelling unit is permitted. In addition, all open areas not used for off-street parking and loading shall be planted with grass, shrubs and trees, properly maintained and kept free from refuse and debris. Animal hospitals and clinics. Auto repair and body shop; provided, that all work is done within an enclosed building and that no inoperable autos or materials are held or stored outside a six foot (6') high sight-proof fence. Bakery. Building contractors' offices and related facilities, if exterior storage occurs, it shall be screened by a six foot (6') high sight-proof fence approved by the commission. Building material sales (except for ready-mix concrete or similar uses which emit dust, odor, or smoke). Carpenter and cabinet shops. Dog kennels. Dry cleaning and/or laundry plants. Frozen food lockers and ice plants. Greenhouses and nurseries, retail and wholesale. Incinerators. Lumber yards. Machine shops. Manufacturing, assembling, compounding, processing, packaging or other comparable treatment of the following: Bakery goods, candy and food products. Cameras and other photographic equipment. Electric and neon signs, outdoor advertising signs. Medical, dental and drafting instruments. Musical instruments, toys, novelties and rubber and metal handstamps. Pottery and other ceramic products using only previously pulverized clay and kilns fired only by electricity or gas. Products from the following previously processed materials: bone, canvas, cellophane, cloth, cork, rope, cord, twine, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, cardboard, plastics, natural and synthetic rubber, precious or semiprecious metals or stones, shells, textiles, tobacco, wax, wood, yarns, light metal mesh, pipe, rods, strips or wire. Small precision instruments, such as barometers, clocks, watches and compasses. Miniwarehouses. Monument sales. Offices or office buildings. Parking areas, including garages. Plumbing and heating shops. Printing, publishing and related trades. Railroads. Research laboratories and facilities. Sales and renting of equipment and vehicles used by business, industry, and agriculture, excluding retail automobile sales. Sheet metal shops. Storage of grain in a dustless manner. Terminals for trucks, buses and rail. Towed vehicle storage yards, wherein no individual vehicle may be stored for a period exceeding ninety (90) days, and involving no salvage of automobile parts. A six foot (6') high sight proof fence shall be provided along all limits of the property except as limited by this title. Upholstery shops. Vehicle and equipment repair, service and body shops; provided, that all work is done within an enclosed building and that no inoperable vehicles or equipment or materials are held or stored outside a six foot (6') high sight proof fence. Welding and metal shops. Wholesaling or warehousing of manufactured commodities except live animals, explosives, or flammable gases. Yards for storage of contractors' equipment, materials, and supplies, excluding junkyards and salvage yards; provided, that all material and equipment is within a six foot (6') high sight proof fence. Any other use which is determined by the commission to be consistent with the intent of this chapter, and which is determined to be of the same general character as the above permitted uses. (1983 Code § 11-1-20B; amd. Ord. 17-07, 12-18-2017) 9-8A-3: SPECIAL USES AND DEVELOPMENT PERMITS: Special uses and development permits shall be issued under chapter 10 of this title. A. Local public utility facilities; provided, that any installation, other than poles and towers and equipment attached to the poles and towers, shall be: 1. Adequately screened with landscaping, fencing or walls; or any combination thereof; or 2. Placed underground; or 3. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. (1983 Code § 11-1-20C) All plans for screening these facilities shall be submitted to the board for review. No building permit or installation permit shall be issued until these plans have been approved by the board. (1983 Code § 11-1-20C; amd. Ord. 05-06, 6-6-2005) B. Adult entertainment facilities. C. Buildings up to sixty five feet (65') in height, unlimited number of stories. (1983 Code § 11-1-20C) D. Gas stations, including emergency towing and repair services. (Ord. 17-07, 12-18-2017) E. Restaurants. F. Commercial and private camping areas. Campgrounds shall meet the following criteria: 1. Minimum Size: Each campground established after the effective date of this subsection F. shall have a minimum size of 4.5 acres. 2. Setbacks: All campgrounds shall maintain a fifty-foot (50') front yard setback and a twenty-five foot (25') buffer yard from all other property lines. 3. Water, Trash And Sewage Disposal: Each campground must maintain water supply, trash and sewage disposal, and water and toilet facilities in compliance with all City ordinances. 4. Site Plan Review: Campgrounds shall be subject to site plan review procedures. (1983 Code § 11-1-20C; Ord. 17-07, 12-18- 2017; Ord. 20-13, 9-21-2020) 9-8A-4: PERMITTED ACCESSORY USES: A. Land Or Structure Accessory Use: Accessory uses of land or structures customarily incidental and subordinate to any of the above principal uses. B. Employee Cafeteria Or Food Concession: Employee cafeteria or other food concession in conjunction with permitted use. (1983 Code § 11-1-20D) C. Signs: See chapter 17 of this title for sign regulations. D. Billboards: See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012) E. Dish Antennas: Parabolic dish antennas shall be as allowed by this title. (1983 Code § 11-1-20D) 9-8A-5: BULK REGULATIONS: The following minimum requirements shall be observed subject to the modifications contained in chapter 4 of this title: A. Lot Area: None 30 feet except adult entertainment facilities, and B. Front Yard: kennels which are required to be set back 100 feet from front property lines. The side yards, each 10 feet wide; or 1 side yard 20 feet wide; provided, however, that where adjacent to an R or C-1 district or street C. Side Yard: right of way line a side yard of 25 feet shall be required. Kennels and adult entertainment are required to be set back 100 feet from all side yards. 50 feet where adjacent to residential, otherwise 10 feet, except kennels and adult entertainment D. Rear Yard: which are required to be set back 100 feet from all rear yards. E. Maximum Height: 45 feet F. Maximum Number Of Stories: None G. Minimum Width: None All footings shall be in compliance with the H. Perimeter Foundation: building code in effect as adopted by the city council. Spaces for off street parking and loading shall I. Off Street Parking/Loading: be provided in accordance with the provisions of chapter 9 of this title. Site plans shall be required in accordance with provisions of chapter 11 of this title for all uses J. Site plan: permitted in this district except one-family dwellings. A minimum of 15 percent of the total lot area shall be retained as landscaped open space to K. Landscaping: include such items as walks, trees, shrubs, fountains or other ornamental features. (1983 Code § 11-1-20E; amd. Ord. 04-02, 3-1-2004)

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