Agenda - Planning Commission - 08/07/2014

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Sec. 117-120. - H-1 Highway 10 Business District. (a) Intent and official map. (1) Intent. The city finds that the properties lying between Highway 10 and Burlington Railroad tracks are integral to the future improvement of the U.S. Highway 10 transportation system. These properties are therefore in a state of transition. The intent of the H-1 Highway 10 Business District is to allow for uses that minimize traffic, vehicular access, and facilitate orderly transition of the corridor while allowing the property owners the ability to utilize their property for economic benefit until such time as the U.S. Highway 10 transportation system improvements are initiated. (2) Official map. In order to preserve the land that is needed for the U.S. Highway 10 Transportation System, the city has identified said corridor on its official map. All land use applications in the H- 1 Highway 10 Business District will be subject to the requirements of the official map section of this Code. (3) Nonconforming structures, buildings and uses. Structures, buildings and uses in existence upon the effective date of the ordinance from which this section is derived shall be considered legal nonconforming and shall be regulated by section 117-57. Any existing buildings that exceed the 35 percent maximum structure size restriction shall not be allowed to expand or intensify through the issuance of variances, conditional use permits, or interim use permits. (b) Permitted uses. (Subject to standards established in subsection (d) of this section and performance standards established in article II, division 6 of this chapter.) (1) Indoor/outdoor commercial recreational uses. (2) Governmental and public utility buildings and structures. (3) Animal clinics. (4) Adult uses - principal and adult uses - accessory. (5) Enclosed retail sales and rental activity. (6) Offices, personal and professional services. (7) Commercial carwashes (drive through and mechanical). (8) motor vehicle repair. (9) Banks, on and off sale liquor, and restaurants housed within a multitenant building. (c) Conditional uses. Requires a conditional use permit based upon procedures set forth in and regulated by section 117-51 (Conditional use permits) of this chapter. (1) Motor vehicle, implement, and recreation equipment sales and service. (d) Accessory uses. (Subject to standards established in subsection (d) of this section and performance standards established in article II, division 6 of this chapter. This Section takes precedence over other provisions of this Chapter as it relates to this District) (1) Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed 30 percent of the gross floor space of the principal use unless otherwise approved by the city council. (2) Open and outdoor areas for display of goods for sale and rental. (3) Temporary seasonal sales. (4) Motor vehicle implement and recreational indoor storage when accessory to sales and service.