Zoning DB & T NW Art & AsburyPlam@ng Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 2~3D
plavafing@cityo f dubuque.erg
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Dubuque Bank & Trust Co.
Location: Southwest Corner of the Northwest Arterial & Asbury Road
Description:
September 8, 200~
To rezone property from PC Planned Commemial District, to C-3 General
Commercial District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request reviewing the subject property and indicating
that the rezoning is necessary to allow sufficient freestanding signage to adequately
advertise the proposed two-story branch bank.
Staff reviewed the surrounding zoning and land use, and indicated that existing
commercial business along Asbury Road and the out lots within Asbury Plaza have similar
restrictions on the height and size of freestanding signs.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the applicant is a
well-known corporate citizen, and that the commercial area around the Northwest Arterial
and Asbury Road has not been subject to excessive sign clutter.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitte,4~ .
Zoning Advisory Commission
Attachments
Service People IntegritT Responsibility Innovat2on Teamwork
City of Dubuque
Planning Services Department
Dubuque, ZA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATZON FORM
[] Variance
I-'lConditional Use Permit
OAppeal
I-I Special Exception
~1 Limited SetbackWaiver
[~Rezon[ng
[] Planned District
[] Preliminary Mat
[] Minor Final Plat
[] Text Amendment
I-]Simple Site Plan
[] Minor Site Plan
[] Major Site Ran
[] Major Final Plat
[] Simple Subdivision
[]Annexation
[]Temporary Use Permit
[] Certificate of Economic Non-Viability
[] Certificate of Appropriateness
[] Other:
Please tvDe or Print leaiblv in ink
Property owner(s): DUBUQUE BANK & TRUST CO. Phone: (563) 589-2000
Address: 1398 Central city,: Dubuo,J~ State: IA Zip: ~')OOl
Fax Number: (563) 584-2573 Mobile/Cellular Number:
Applicant/Agent: Nelson Klavitter, Vice President - Operations Phone:
Address: 1398 Central c~: DJJbu.qL state: IA zip:.~?13fl 1
Fax Number: (563) 584-2573 Mobile/Cellular Number:
Site location/address: SW Corner of Northwest Artierial & Asbury Rd. in the City of Dubuque
C-3 w/conditiQns . C-3 w/o condition.~
Existing zonmng: Froposeo zoning: Ulstorlcuistrict: Landmark:
Legal Description (Sidwell parcel ~ or lot number/block number/subdivision):Lot 1 of HOLLIDAY
ADDITION, in the City of Dubuque, Iowa, according to the recorded plat thereof.
Total proper'c/(lot) area (square feet or acres): 1.233 Acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): See Attached
CERTiFiCATiON: ~/we, the undersigned, do hereby certi~ that:
1. The information submitted heroin is true and correct to the best of my/our knowledge and upon
s~bmit~,' hscom~ ~t~b!ic record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All addiUonal required written and graphic materials are attached.
Property Owner(s): ~ ~ /~ I J-/.~ Date: .2003
Applicant/Agent: ~-~/j~ ~.c~ ~_~ Date: &'/ , 2003
e/~ FOR OFFI'CE USE~ONLY - APPLZCATZON SU Bf4z'rrALDate:,=~ //CHECKLTST
kite/sketch plan [] Conceptual Development Plan l-~Photo r--[Plat
I'-IZmprovement plans I--IDesign review project description [] Floor plan []Other:
Brhn J. Kane
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
Mm*yBeth Pfeiler Fleming
Kevin T. Deeny
KANE, NORBY SC REDDICK, P.C.
ATTOKNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsd:
Louis P. Pfeiler
Ail admitted in Iowa
*ALso admitted in Illlnois
**Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: bkane@kanenorbylaw.com
July 29, 2003
Mr. Guy Hemenway
City Hall
50 W. 13th Street
Dubuque, IA 52001
RE: RECLASSIFICATION OF LOT 1 OF HOLLIDAY ADDITION
Dear Guy:
We are counsel for Dubuque Bank & Trust Co. ("DB&T"), and we write to request a
reclassification of certain property owned by DB&T legally described as:
Lot 1 of HOLLIDAY ADDITION, in the City of Dubuque, Iowa,
according to the recorded plat thereof.
In 1997, the Dubuque City Council passed, approved, and adopted Ordinance No. 54-97,
which reclassified from AG Agricultural District to C-3 General Commercial District land
containing the above-described property. We enclose a copy of that ordinance for your reference.
Part C) of the Memorandum of Agreement of Ordinance No. 54-97 notes that "[a]ny
modifications of this Agreement shall be considered a zoning reclassification and shall be subject
to the provisions of the Zoning Ordinance governing zoning reclassifications. All such
modifications must be approved by the City Council of Dubuque, Iowa." We are therefore applying
to amend Ordinance No. 54-97 through the reclassification procedure spelled out in the Dubuque
City Code of Ordinances, § 6-1 et seq. Please review the enclosed zoning reclassification application
in this regard.
Specifically, DB&T is requesting that the sign regulations be changed. The current sign
regulation provision of Ordinance No. 54-97 limits the number of freestanding signs on the property
to one (1) per business, and each sign has a maximum height restriction of 25 feet and a maximum
square footage restriction of 108 feet. DB&T proposes an amendment as to only the property legally
described above which would eliminate the current sign regulations and impose the C-3 sign
KANE, NORBY & REDDICK, P.C.
July 29, 2003
Page 2
regulations on the above-described property. Essentially, DB&T is requesting that its land, currently
classified as C-3 with restrictions, be reclassified as C-3 without restrictions.
Please review the enclosed documents and inform us if more information is needed on your
part before this reclassification issue is passed along to the Zoning Advisory Board and the City
Council.
If you should trove any questions, please do not hesitate to contact us directly. Thank you.
Best Regards,
B~NE,~R~ ~ P.C.
BJK:jdf
Enclosures
cc Dubuque Bank & Trust Co.
As uR¥ Ro^ Orr c
Openin~g .Summer ZOO+
County
R-3
AG
PC¸
C-3c
PC
AG
PC
Proposed Area to be Rezoned
Applicant: Dubuque Bank & Trust
Location: Southwst Corner of the
Northwest Arterial & Asbury Road
Description: To rezone property
from PC Planned Commercial District,
to C-3 General Commercial District.
ASBURY CT P~LL
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. 73-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE
NORTHWEST ARTERIAL AND ASBURY ROAD FROM PC PLANNED COMMERCIAL
DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property from PC Planned Commercial District to C-3 General Commercial District, to
wit:
Lot I of Holliday Addition, and to the centedine of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as
provided by law.
Attest:
Passed, approved and adopted this 15th day of September, 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
REZONING STAFF REPORT Zoning Agenda: September 3, 2003
Property Address:
Property Owner:
Applicant:
2196 Holliday Drive
Dubuque Bank & Trust Co.
Nelson Klavitter
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Vacant
Existing Zoning: PC
Adjacent Land Use:
North - Commercial
East- Public ROW/Ag
South - Commercial
West - Commercial
Adjacent Zoning: North - PUD/PC
East- PUD/PC
South - PUD/PC
West- C-3c
Former Zoning:
1934 - Coun~ AG; 1975 -AG;
1985 -AG
Total Area: 1.23 acres
Property History: The property has historically been used for agricultural
production and was subsequently annexed into the City of Dubuque. The property was
either under agricultural production or vacant up to the present time. The property was
rezoned to C-3 and then rezoned to PUD with a PC designation in March 1999.
Physical Characteristics: The property consists of a 1.2-acre lot that slopes gently from
the high point along newly extended Holliday Drive east to the Northwest Arterial. The
property has three frontages - Holliday Drive, Asbury Road and the Northwest Arterial
right-of-way. The property drains to a common detention area to the south.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for
commercial use at this location.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Iowa Department of Transportation 2001 average annual
daily traffic counts adjusted at 3% per year indicate 8,593 vehicle trips along the
Northwest Arterial just north of the subject property, 16,337 vehicle trips per day
along Asbury Road just west of the subject property and 13,367 vehicle trips per
day along the Northwest Arterial just south of the subject property.
Public Services: Existing public services are adequate to serve the site.
Rezoning Staff Report - 2196 Holliday Drive/DB&T Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of development. This property utilizes a common detention area.
Adjacent Properties: The subject parcel is well removed from any adjacent
residential properties, and is abutted by public right-of-way and commercial
properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone approximately 1.2 acres at the
southwest corner of the Northwest Arterial and Asbury Road from Planned Unit
Development with a Planned Commercial designation to C-3 General Commercial
district. The Planned Commercial Ordinance is attached to this report.
The rules and regulations governing the development of the current Planned
Commercial district differ from the proposed C-3 zoning in two aspects:
(1) There are 37 permitted uses listed in the PC district, all of which are permitted in
the C-3 district. The C-3 district permits 66 uses. Therefore, there are 29
additional uses permitted in the C-3 that are currently not permitted under the PC
regulations. These uses are circled on the attachment to this report. The uses
include residential uses, boat, RV mobile home and truck sales, and construction
supply sales. A full listing of those uses permitted in the C-3 District, but not
permitted in the PC district, is attached.
(2) Sign regulations in the Planned Commercial district limit freestanding signage to
one sign per business, a maximum of 25 feet in height and 108 square feet in
size. Under current C-3 signage regulations, this property would be allowed
three freestanding signs, with no one sign to exceed 200 square foot in area.
The aggregate total of all three signs could not exceed 500 square feet, and the
signs would have to be at least 100 lineal feet apart.
Commercial out lots across Asbury Road for businesses such as Culver's and Hardee's
and the C-3c district to the east of the subject property are bound by similar
freestanding signage requirements.
Planning staff recommends that the Commission review Section 6-1.1 of the Zoning
Ordinance that establishes the criteria for granting a rezoning.
Prepared by:
Laura Carstens, City Planner Address: City Hall~ 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 15-99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT SOUTHWEST CORNER OF THE
NORTHWEST ARTERIAL AND ASBURY ROAD FROM AG AGRICULTURAL
DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS, TO
PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, WITH CONDITIONS.
,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from AG
Agricultural District and C-3 General Commercial District, with conditions: to PUD Planned Unit
Development Distdct with a PC Planned Commercial Distdct designation'and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof, with
conditions as stated below, to wit
The north 880 feet of Lot 1 of QHQ Place of the SE 1t4 NE 1/4, Section 20, Township
' 89 North, Range 2 East and to the center line of the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition
of the reclassification, the undersigned property owner agrees to the following conditions, all of
which the property owner further agrees are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning reclassification:
'A.
Use Re.qulations.
The following regulations shall apply to all land uses in the above described PUD
District:
ORDINANCE NO. 15-99 ~;~)~--J r-~ / ~ ~
Page 2
1) Principal permitted uses of the lots designated for commercial development
shall be limited to:
· General offices-[4].
· Medical office/clinic-J36].
· Dental/medical lab-[8].
· Personal services-[14].
· Barber/beauty shops-II6].
· Motel-[24].
· Gas station-II8].
· Retail satesfservice-[17].
· Laundry/dry cleaner-[19].
· Shoe repair-[18].
· Bakery (wholesalelcommercial)-[19].
· Indoor restaurant-[20].
· Bar/tavern-[20].
· Automated gas station-[18].
· Service station-[21].
· Supermarket-[17]]
· Tailoringtalterafions-[18]-
· Furniture/home fumishing-[27].
· Appliance sales/service-[27].
· Catalog center-[23].
· Drive-in/carry-out restaurant--[28].
· Ddve-up automated bank teller-J8].
· Self-service carwash-J8].
· Neighborhood shopping center-Il?].
· Business services-[29~]:
· Department stores-II7].
· Banks/savings and loans, and credit unions-J31].
· Indoor amusement center--[37].
Vending/game machine sales and service-[19].
· Indoor recreation facilities-j37].
· Mail-order houses-J23].
· Lumberyards/building materials sales-II9].
· Printing/publishing-J32].
· Full-service carwash-J8].
· Auto sales/service-j38].
· Motorcycle sales and service--[41].
· Local shopping center-II7].
ORDINANCE NO. 15-99
Page 3
Co
2) Accessory uses shall include any use customarily incidental and subordinate
to the principal use it serves.
[ ] Parking group-see Section 4-2 of the Zoning Ordinance.
Lot and Bulk Re.qulations.
Development of land in the PUD Distdct shall be regulated as follows:
1)
All building structures and activities shall be located in accordance with
provisions of the PUD District regulations of this ordinance and of Section 3-
5.5 of the Zoning Ordinance.
2)
All buildings and structures located on lots designated for commercial
development shall meet bulk regulations set forth in the Zonihg Ordinance for
the C-3 General Commercial District, Section 3-3.3(F).
Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section '3-5.5 of the Zoning Ordinance and the
following standards:
1) Public streets within the Planned Unit Development District shall be designed
and built to City Engineering specifications.
2)
The first public street shall be constructed concurrent with the development of
Lots 1, 2, and 3. The second public street shall be constructed along the west
property line pdor to development of Lot 4.
3) Erosion control shall be provided dudng all phases of construction.
4)
Parking requirements for allowed uses in the PUD District shall be as per the
parking group for the designated use, in accordance with Section 4-2 of the
Zoning Ordinance.
5) Sidewalks 'shall be provided adjoining all public streets.
6) Storm water detention facilities will be provided as per City Engineering
requirements.
7)
Adequate illumination shall be provided to areas used for vehicle and
pedestrian circulation. Light fixtures shall be of a cut-off design and be
mounted at a 90 degree angle to a vertical light standard.
ORDINANCE NO. 15-99
Page 4
8)
The conceptual plan shall serve as the preliminary plat for the PUD District.
Subdivision plats and improvement plan shall be submitted in accordance with
Chapter 42, Subdivision Regulations, of the City of Dubuque Code of
Ordinances.
9)
Final site development plans shall be submitted in accordance with Section 4-
4 of the Zoning Ordinance of the City of Dubuque, Iowa, prior to construction
of any buildings.
10)
Developer shall set aside a 30 ff. east/west x 275 ft. north/south buffer
easement area starting at the southwest comer of Lot 4. Landscape buffer
shall consist of a 5 .ft. high berm with evergreen trees planted 15 ft. on center.
Trees shall be 8 ft. high at time of planting.. The type of evergreen trees shall
be selected by the owner of Lot 11. The berm and landscaping shall be
installed prior to the opening, if any, of the retail stores on Lots 2 or 3, provided
all four lots are zoned commercial.
Open Space and Landscapinq
Open space and' landscaping in the PUD District shall be regulated as follows:
Those areas not designated on the conceptua! plan for devele, pment shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance, by
the property owners and/or association.
Siqn Requlations.
Signs in the PUD Distdct shall be regulated as follows:
1)
' On-premise signage shall b..e regulated by the C-3 General Commercial Distdct
sign regulations of Section 4-3.11 of the Zoning Ordinance, ezcept that each
lot shall be limited to one (1) freestanding sign per business, with each sign to
be a maximum of 25 feet high and 108 square feet in size.
2) Off-premise signage shall be regulated by the C-3 General Commercial District
sign regulations of Section 4-3.11 of the Zoning Ordinance.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD Distdct Shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the PUD District.
ORDINANCE NO. 15-99
Page 5
Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the
AG Agricultural Distdct in accordance with Section 6 of the Zoning Ordinance if the
property owner fails to complete or maintain any of the conditions of this ordinance.
Modifications.
Any modifications of this Ordinance must be approved by the City. Council in
accordance with zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
Recordin.q.
A copy of this ordinance, shall be recorded at the expense of the property owner
with the Dubuque County Recorder as. a permanent record of the conditions
accepted as part of this reclaSSification approval within ten (10) days after the
adoption of this ordinance. This ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shal take effect upon public~.tion as provided by
law.
Passed, approved and adopted this 1st day of March, 1999.
/ Terranc~ M. Dj,~n, Mayor
ATTEST:
Mary,( Davis, City Clerk
ORDINANCE NO. ].5 -99
Page 6
ACCEPTANCE OF ORDINANCE NO. 15 -99
I, Michael D. Quagliano, representing QHQ Properties, property owner, having
read the terms and conditions of the foregoing Ordinance No. ].5 -99 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions required
therein. · ·
Datedthis ')'~'. day(~f .~_~,'h.e~-~j// , 1999.
Mic~l'~el D. Quagliano
- QHQ Properties
APPENDIX A-ZONING
§ 3-3
(E)
No group daycare center may
be located within the same
structure as any gas station,
bar/tavern, automated gas sta-
tion or any facility selling, ser-
vicing, repairing or ren~ng
vehicles.
Temporary Uses: The following uses shall
be permitted temporary uses in the C-2
district:
(I)
3-3.3. C-3 General Commercial District:
(2)
(A)
General Purpose And Description: The
C-3 district is intended to provide com-
mercial uses which are desigued to serve
the motoring public or uses requLring
highway or arterial tocations for their
most beneficial operation and which
cannot be more appropriately located ~n
other commercial districts.
(B)
Building or trailer-for storage of
materials and/or equipment necas-
sary for construction authorized by a
valid building permit, provided ~he
locatien of the building or trailer
has been approved by the buildln
official. / (2)
Any use listed as a permitted us
within the district of a ];mlted dun
tion as established ~n section 2-5.1
of thi~ ordinance and as defined
section 8 of this ordinance.
(17) Bulk Regulations:
Front yard setback: Ten feet (10') (20
feet for garages facing street).
Side yard setback: Zero.feet (09'.
Rear yard setback: Zero percent (0%) lot
depth*.
Building height: Forty feet (409.
*Except where abutting a residential or
office residential district, then six foot
(69 side yard and twenty percent (20%)
lot depth rear yard setbacks required.
(G)
(H)
Parking Requirements: See section 4-2 of
this ordinance.
Signs: See section 4-3 of this ordinance,
Principal Permitted Uses: The following
uses shall be permit-ted in the C-3 dis-
Railroads and public or quasipublicTM
utilities including substations-J47].
Residential uses above the first floor
only-J6].
~3) Mortuary/funeral home-[6].
~(4) Museum/library-[13].
~choots of pr/vate instruction~
(6) Private club-[20].
(7) General offices-[14].
(8) Medical office/clinic-[36].
(9) Dental/medical lab-[S].
(10) Personal services-[14].
(11) Barber/beauty shops-II6].
(12) Motel-[241.
(13) Gasstation-[18].
(14) Retefl sales/service-II7].
(15) Laundry/dry cleaner-II9].
Supp.~o. 54 3704.1
§ 3-3
DITBUQUE CODE
(16) Shoe repair-II8].
(17) Bakery (wholesale/cemmercial~[19].
(18) Indoor restaurant-[20].
(19] Bar/tavern-[20].
(41) Banks/savings and loans, and credit
unions-J31].
(42) Indoor amusement center-[23L-
(43) Vending/game maehlne sales and
service-II9].
(20] Automated gas station-II8].
(44) Indoor recreation facilities-[37].
(21) Service station-[21].
(45) Mail order houses-J23].
(22) Supermarket-[17]. (46)
(23) Tailorlng/alterations-[18]. ~(47)
(24) Furniture/home furnishing-J27].
(25) Appliance sales/service-J27].
Lumberyards/building materials
sales-II9].
Construction supply sales and ser-
vice-II9].
(48) Printing/publishing-J32].
(26) Catalog center-J23].
(49) Moving/storage facilities-J83].
(27) Drive in/carryout restaurant-J28].
(28) Drive up automated bank teller-[8].
(50) Full service car wash-[8].
,./(51) Auto service centers {TBA)-[34]. ' ~
(29) Self service car wash-[8].
(52) Auto sales/service[38].
4(31)
¥ (32)
~. (33)
(36)
(36)
(37)
(38)
~39)
Animal hospit al/clinic-[23 ].
Laundromat-[221.
Furniture upholstory/repalr-[18].
Artist studio-J5].
(57) Motorcycle sales and service-J41].
Neighborhood shopping centor-[17]. ~ ~
~'~//(58) Boat sales and service-J40]. ~
Business servlcee-[29], f . · ~
f ../(59) Recreational vehicles sales and ~
Department stores/sixty thousan~ service-J39]. ' ~
(60,000) square feet maxlmum-[17]. ~ // ~
~ ~/~ ¥ (60) Vehicle rental-[47]. ~ ~~
Hotels-J30].
Auditoriums/assembly
halls-J20._ ~ (62) Local
Indoor theater-[48]. ~ shopping center-[ 17]. ~
Supp. N0.54 3704.2
APPENDIX A-ZONING
(63) Parking structures-[n/a].
~_~ (64) Contractor shop/yard-J33].
(65) Wholesale sales/distributer-~[29].
sales~lg].
[ ] Parking group - see section 4-2 of
this ordinance.
(C) Accessory Uses: The following uses shall
be permitted as aCCessory uses as provid-
ed in section 4 of this ordinance:
(1)
Any use customarily incidental and
subordinate t~ the principal use it
serves.
(D) Conditional Uses: The following condi-
tlonal uses are permitted in the C~3
district, subject to the provisions of sec-
~on 5 of thi~ ordinance and are the mi~;.
mum reqnireman~ for application to the
board of adjustment for a conditional use
permit:
(1) Outdoor recreation/outdoor amuse-
ment center provided that:
(a)
Hours of operation sh:~ll bo
limited, 8:00 a.m. to 12:00 mid-
night, unless further limited by
the board of zoning adjust-
(b) The parking group require-
ments can be met-J37].
[ ] Parking group - See section 4-2
of this ordinance.
(2) Group daycare center provided that:
(a)
Forty (40) square feet of indoor
floor area (excluding halls and
bathrooms) iz provided per
child in areas occupied by
cribs;
(b)
Thirty five (35) square feet of
indoor floor area (excluding
halls and bathrooms) is' provid-
ed per child in areas not occu-
pied by cribs times the licensed
capacity;
(c)
Seventy five (75) square feet of
fenced outdoor recreation space
is provided per child using the
spaeeat a given time;
Such facility shall provide for
the loading and unloading of
children so as not to obstruct
public streets or create traffic
or safety hazards;
(e)
All licenses havebeen issued or
have been applied for awaiting
the outcome of the board~ decl-
sion;
(f)
No group daycare center may be'
located within the same struc-
ture as any gas station,
bar/tavern, automated gas sta-
tion or any facility selling, ser-
vicing, repairing or renting
vehicles;
(g) The parking group require-
ments can be met-J8]; and
(h)
Signage for a single-family
home location shall be limited
to one noallluminated wall
mounted sign not to exceed four
(4) square feet in area.
(3) Miniwarebeuse facilities provided
that:
(a) The entire perimeter be en-
closed by a security fence.
(b) All outdoor lighting for the
facility utilize cut off luminar-
ies.
sup~ N~ 54 3704.3