§ 40-3. General compliance for General Business I, General Business II and Industrial Districts
(a) No building shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the zoning district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered.
(1) Purpose. The purpose of this section is to provide control over the appearance of structures in business and industrial areas of the city so that they will compliment existing activities, structures and neighborhoods and conform to future plans of the city's growth.
(2) Review. An applicant for a building permit for new construction or remodeling construction on any property zoned General Business One, General Business Two or Industrial District must submit to the city building official a description of the activity to be conducted, the location, building plans, site plans, drawings, specifications, color charts and other such material that will give sufficient information to determine the appearance of the finished structure.
(3) Approval. Approval will be given based upon the appropriateness to the specific activity at the specific location and the appearance of the finished structure with regard to existing activities, structures and neighborhoods and to the plans of the city.
(4) Rejection. If the review results in a rejection of the submitted plans, the city building official will send a letter of rejection to the applicant within five business days after rejection is given stating the specific reasons for the rejection. The applicant may modify the plans accordingly and resubmit the new plans to the city building official at any time after this notice is received.
(5) Appeals. Any person may appeal the city building official's decision (rejection) to the planning and zoning commission, which shall review the issues and make a recommendation to the city council.
(6) Design guidelines. The following will be used as guidelines in determining the acceptability of submitted designs:
a. All plans submitted, shall be approved or rejected by the city building official. These plans shall comply with the building codes in effect for the city at the time said plans are submitted.
b. No barn-type corrugated metal material may be used for any portion of a roof or overhang or any other horizontal surface. Other forms of metal roofing material may be used. No highly reflective finish may be used on any portion of a roof or overhang or any other horizontal surface.
c. No barn-type corrugated metal material may be used for any portion of a wall or any other vertical surface. Other forms of metal siding material may be used. No highly reflective finish material may be used on any portion of a wall or any other vertical surface except windows and glass doors.
d. Surface area of any wall of a metal surfaced building facing a public street must be at least 65 percent glass, wood-siding or masonry or any combination of these three materials.
e. Masonry buildings may use brick, stone, stucco and similar materials. If concrete or cinder block is used, it must be textured and painted, or coated with stucco or a similar material.
f. Driveways and parking areas must be graded and paved or graveled with a dust free material.
g. Minimum landscaped open space must be provided as follows:
1. Office uses: 15 percent of lot area;
2. Commercial uses: ten percent of lot area;
3. Industrial uses: five percent of lot area.
Said lot area must be landscaped with grass, shrubs, trees or flowers and such areas shall be properly mulched and edged and provisions for watering of vegetation must be included.
h. Material used on the exterior of any structure must be new and of good quality, except that antique material may be used provided that it is properly installed, integral with the design of architectural interest, and consistent with the purpose of the business or structure. For example, the use of antique material may be proper for a business dealing in antiques or a restaurant with a specific theme.
i. Florescent or luminescent colors may not be used on walls, roofs or accent trim.
j. All roof mounted heating and air conditioning equipment shall be screened from the view from any public street
k. No rear yard shall be required, except when the property abuts, along its rear lot line, property zoned residential. Then a rear yard of not less than ten feet must be provided in all districts except Industrial, and the subject property shall have a privacy fence installed and maintained by the commercial or industrial property owner along the rear property line where the abutment exists. Industrial districts that abut a residential use or zone shall have a rear yard of no less than 20 feet. In no case shall a building occupy any part of a public utility easement. Outside storage and trash receptacles shall be enclosed from view of the general public by a solid fence constructed of either masonry or wood. The fence shall be a minimum of six feet tall. Where a light industrial use abuts a residential district, a solid fence with a minimum height of eight feet shall be provided along the entire common boundary of the light industrial use and the residential district. No outside storage or trash receptacle shall be higher than the height of screening. All screening shall be maintained in a safe and sightly condition at all times. All commercial trash dumpsters shall be serviced from owner's property. All nonconforming commercial dumpsters must be in compliance within 90 days after the effective date of the ordinance from which this chapter is derived.
l. Collection and disposal of all solid wastes shall comply with city codes and requirements of any city contracted waste collector.
(7) Nonconforming building and uses. Refer to section 40-18 for regulations.
(8) Compliance and violations. Compliance by the applicant to the plans submitted and approved, will be determined by the city building official. Should the city building official determine that the actual construction varies from the submitted and approved plans, the city building official may issue a violation in accordance with applicable ordinances, and the applicant may be subject to a fine in accordance with these ordinances.
(b) No building shall be erected, nor shall any existing building be structurally altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the zoning district in which such building or open space is located.
(c) No yard or other open space provided around any building for the purpose of complying with provisions of this chapter shall be considered as providing a yard or open space for a building on any other lot.
(d) Less restricted zoning districts may include all uses permitted in zoning districts which are more restricted, except that Industrial Districts shall not contain residential uses.
(Ord. No. 409, § V, 8-24-2004; Ord. No. 409-D, § 2.B, 6-22-2010)