Chapter 17.72


17.72.010    Use regulations.

17.72.020    Building and parking locations.

17.72.030    Height regulations.

17.72.040    Area regulations.

17.72.050    Additional requirements.

17.72.010 Use regulations.

A.    Subject to all approvals and conditions required by Chapter 17.100 and the provisions of this district, the permitted uses shall be:

1.    General or clerical offices;

2.    Professional offices;

3.    Research laboratories;

4.    Schools and training centers;

5.    Storing, cleaning, testing, repairing or servicing establishments as determined by operations conforming with performance standards set forth in this title;

6.    Light industrial plants such as required for production of millwork, machine tools, paper containers, patterns, die castings, light metal fabrication and similar small industries;

7.    Radio, television and electronics assembly, but not within five hundred (500) feet of any residential district;

8.    Printing, lithographing, blueprinting and photocopying establishments;

9.    Wholesalers and distributors;

10.    Food and milk processing and soft drinks bottling plants;

11.    Dry cleaning and dyeing establishments;

12.    Restaurants permitted in the local business district and casual dining restaurants with outdoor seating not exceeding twenty-five (25) percent of the indoor seating capacity, motels and hotels; provided, that, in the opinion of the plan commission, they will provide a service needed by the employees of, customers of and visitors to the offices and plants in this district. The location and operating hours for the outdoor seating and adequacy of parking will be subject to plan commission approval;

13.    Any similar use meeting all the requirements of this chapter;

14.    The removal of topsoil if a permit is granted under Chapter 17.124;

15.    Automobile service stations subject to the regulations set forth in Chapter 17.60;

16.    An automobile agency with garage and open air sales lot accessory thereto, subject to approval of the plan commission and council;

17.    Continuation of Existing Automobile Dealerships. Continuation of existing automobile dealerships means only operations on current sites, building footprint occupancy and lot coverage of the parcel or hours of operation, as the use exists as of the effective date of the ordinance amendment codified in this section (March 29, 1990). The automobile dealerships that are existing uses in the O&LI District and, therefore, are permitted uses as of that date are the following:

a.    Crest Cadillac, Inc.

    12800 W. Capitol Drive

b.    Fred Jones Pontiac-GMC Trucks, Inc.

    13000 W. Capitol Drive

c.    Soerens Ford, Inc.

    18900 W. Capitol Drive

18.    Bus terminal, railroad passenger, or any other transportation terminal facility;

19.    Clubs;

20.    Adult day care centers;

21.    Child care centers;

22.    Religious uses.

B.    General Restrictions. Any use permitted in this district shall comply with all of the following general restrictions:

1.    No residence shall be permitted except in conjunction with hotels and motels.

2.    No merchandise shall be handled for sale or service rendered on the premises, except such as are incidental or accessory to the principal permissible use of the premises, except for sales or service to industrial customers.

3.    All operations and activities of all uses within this district shall be conducted wholly inside a building or buildings, except as listed within this district.

4.    No continuous or intermittent noise from operations greater than the volume and range of noise emanating from vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any residence district.

5.    No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted.

6.    No vibrations shall be detectable beyond the lot lines.

7.    No glare or heat shall be detectable beyond the lot lines.

8.    Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residence district or into public streets or parks.

9.    The storage or use of chemicals either solid, liquid or gas, shall be subject to the following conditions:

a.    The storage, utilization or manufacturing of materials or products ranging from incombustible to moderate burning is permitted.

b.    The storage, utilization or manufacturing of materials or products ranging from free to active burning is permitted, provided the following condition is met: such materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

c.    The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

10.    No raw materials shall be processed into any of the following basic products: metals of any kind, glass, plastics, textiles, leather or paper unless the plan commission, after a public hearing, determines such use will meet the performance standards set forth in this chapter.

11.    No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted.

12.    When open storage of permitted vehicles and trailers is used on sites in light industrial use, access to the storage area may be secured by a gate or gate system consisting of fencing from the building to the gate and the gate to the property line. Permissible fencing located on adjoining properties can be connected at the adjoining property lines. Gate systems are not permitted in the building setback. Gate systems may be chain link or ornamental metal. Gate systems in landscape areas shall be enhanced with plantings along the exterior.

C.    Special Exception Uses. Special exception uses are those uses that require a special review process because of their potential impact upon the city.

1.    New automobile dealerships may be allowed in the office and limited industry district as a special exception use requiring approval under Section 17.08.060 as well as approval of plan and method of operation under Chapter 17.100. Any expansion of an existing automobile dealership or expansion of a new dealership approved after March 29, 1990, shall also be a special exception use requiring review and approval under Section 17.08.060 and Chapter 17.100. In addition to the procedures specified in Section 17.08.060, plan commission consideration of a request for special exception approval of a new or expanded automobile dealership in the office and limited industry district shall include a public hearing before the plan commission, preceded by a Class I notice of the public hearing and the automobile dealership proposal and the mailing of notice of the proposal and the hearing to the applicant and to owners of property within three hundred (300) feet thereof no less than ten days preceding the hearing.

2.    The establishment of new or expansion of existing uses similar to automobile dealerships subject to the approval of the plan commission and subject to the same review procedures as special exception use in subsection (C)(1) of this section. (Ord. 2606-20 § 16, 2020; Ord. 2518-18 § 1, 2018; amended during 1/21/16 update; Ord. 2251-11 § 11, 2011; Ord. 2134-08 §§ 4, 5, 2008; prior code § 17.37(1))

17.72.020 Building and parking locations.

A.    Setback:

1.    One hundred (100) feet minimum on all streets, the opposite side of which lies in a more restrictive district in this or a neighboring municipality with the exception of frontage on arterial streets which are designated on the master street plan as having a right-of-way width of ninety (90) feet or more, wherein the setback shall be fifty (50) feet;

2.    Fifty (50) feet minimum on streets, both sides of which lie in this or a less restrictive district;

3.    There shall be no structures of any kind or parking of automobiles, trucks or any other types of vehicles or storage or display of equipment, products, vehicles or material of any kind within the setback area.

B.    Offset: twenty-five (25) feet minimum for buildings, except where property is adjacent to residential districts when it shall be a minimum one hundred (100) feet; ten feet minimum for off-street parking, except where property is adjacent to residential districts or public building area, no parking space or access driveway shall be closer than seventy-five (75) feet to any residential district or public building area. (Prior code § 17.37(2))

17.72.030 Height regulations.

A.    Principal buildings: thirty-five (35) feet maximum.

B.    Accessory buildings: thirty (30) feet maximum. (Prior code § 17.37(3))

17.72.040 Area regulations.

A.    Floor Area.

1.    Maximum required: none.

2.    Maximum FAR permitted: thirty (30) percent including accessory buildings for office uses; forty-five (45) percent including accessory buildings for limited industrial uses. Use designation is to be determined by the plan commission.

B.    Lot Size.

1.    Minimum area: eighty thousand (80,000) square feet.

2.    Minimum average width: two hundred (200) feet.

C.    Lot Coverage and Landscape Surface Ratio (LSR).

1.    Maximum lot coverage: seventy (70) percent all buildings and impervious surfaces for office uses; seventy-five (75) percent all buildings and impervious surfaces for limited industrial uses. The use determination shall be made by the plan commission.

2.    Minimum landscape surface ratio: thirty (30) percent for office uses; twenty-five (25) percent for limited industrial uses. The use determination shall be made by the plan commission. (Prior code § 17.37(4))

17.72.050 Additional requirements.

A.    Signs. Signs, billboards and other advertising media shall be erected in accordance with Chapter 15.16.

B.    Landscaping. All premises shall, within one year after the date of the occupancy permit, be sodded or seeded (except for parking areas) and landscaped throughout in the manner directed by the plan commission to accomplish the purposes of this chapter and to promote compatibility between industrial and residential uses. (Prior code § 17.37(5))