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HomeMy WebLinkAboutOrdinance 1161ORDINANCE NO. 1161 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO DAY CARE CENTERS The City of Col~nbia Heights does ordain: Section 1: 9.111(2) Section 9.111(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to wit: Conditional Uses Within any "LB" Limited Business District no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures other than private garages. (b) Art studio, interior decorating studio, photographic studio, music studio, and dance studio, provided no retail sales are made nor any manufacturing conducted on the site. (c) Private clubs and lodges not operated for profit. (d) Hospitals for h~nan care, nursing homes or retirement homes, provided the site shall contain not less than six hundred (600) square feet of lot area for each person to be acco~nodated and that no building be located less than fifty (50) feet from the side lot line. (e) Historical buildings, museums, art institutes, galleries and theater for the live arts. (f) Nursery and landscape sales. (g) Radio and television studies. (h) Radio and television towers. (i) Retail sales and services may be provided by vending devices or by personnel when such retail area is within a building so constructed and maintained that all access if from a lobby, hall or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the occupants of the building. (J) Operation of public transportation, but not switching, storage or other railroad activities. (k) Utility service structures, which shall be in a buildingwhich conforms to the yard requirements and architectural style of the neighborhood. (1) Research and development laboratories. (m) Retail stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be as appropriately and desirably located in the LB zone. is herewith amended to read as follows: 9.112(2) Conditional Uses Within any "LB" Limited Business District no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures other than private garages. (b) Art studio, interior decorating studio, photographic studio, music studio, and dance studio, provided no retail sales are made nor any manufacturing conducted on the site. (c) Private clubs and lodges not operated for profit. (d) Hospitals for human care, nursing homes or retirement homes, provided the site shall contain not less than six hundred (600) square feet of lot area for each person to be accoe~odated and that no building be located less than fifty (50) feet from the side lot line. (e) Historical buildings, muse, wm,, art institutes, galleries and theater for the live arts. (f) Nursery and landscape sales. (g) Radio and television studios. (h) Radio and television towers. (i) Retail sales and services may be provided by vending devices or by personnel when such retail area is within a building so constructed and maintained that all access if from a lobby, hall or court and not directly from the out-of-doors, it being the intent that such sales and services are provided for the convenience of the occupants of the building. (j) Operation of public transportation, but not switching, storage or other railroad activities. (k) Utility service structures, which shall be in a building which conforms to the yard requirements and architectural style of the neiEhborhood. (1) Research and development laboratories. (m) Retail stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be as appropriately and desirably located in the LB zone. (n) Day care centers. Section 2: Section 9.112(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to wit: 9.112.(2) Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan su~mzitted by the applicant and approved by the City Engineer ii) The assembly, repair, or,mnufacture of goods shall not occur within an open sales lot. iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ration of one (1) space for each two vending devices. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditori~ or bleacher areas for viewing such that exhibitions are possible. (k) Massage therapist businesses licensed pursuant to Section 5.612. is herewith amended as follows: 9.112.(2) Conditional Uses Within any "CBD" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units provided: i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enclosed by a wall or fence not less than five (5) feet in height. (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer ii) The assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) If the operation of the open sales lot be self-operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as'a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ration of one (1) space for each two vending devices. (h) Restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades (j) Tennis, racquetball, handball, table tennis and boxing clubs that provide facilities such as auditori,,~ or bleacher areas for viewing such that exhibitions are possible. (~) Massage therapist businesses licensed pursuant to Section 5.612. (1) Day care centers. Section 3: 9.113(2) Section 9.113(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to wit: Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. (c) The units do not access the first floor, and access to dwellings is an exclusive entrance. (d) Off-street parking lots subject to Section 9.116(2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116(14). (g) Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.102(63). (i) Drive-in businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. v) The lighting shall be aoccmplished in such a way as to have no direct source of light visable from the public right-of- way or adjacent land in residential use. (j) Arcades. (k) New auto and truck sales, used auto and truck sales in conjunction therewith, provided that the site involved therewith - is a minim~n of three (3) acres. is herewith amended as follows: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory buildings. (b) Dwelling units provided. i) The units do not occupy the first floor. ii) That a roof intended for usable space shall be enloosed by a wall or fence not less than five (5) feet in height. (c) Day care centers. (d) Off-street parking lots subject to Section 9.116(2). (e) Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. (f) Open sales lots subject to Section 9.116(14). (g) Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject. to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.102(63). (i) Drive-in businesses subject to the following requirements: i) Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. v) The lighting shall be accomplished in such away as to have no direct source of light visable from the public right-of- way or adjacent land in residential use. Section 4: 9.114(2) Section 9.114(2) of the City Code of 1977, as amended, passed June 21, 1977, which reads as follows, to wit: Conditional Uses W}thin any "GB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units subject to Section 9.110(0). (c) Open sales lots subject to Section 9.116(14) and provided: i) The lot is surfaced and graded according to a plan su~itted by the applicant and approved by the City Engineer. ii) That the assembly, repair, or manufacture of goods shall not occur within an open sales lot. iii) That should the operation of the open sales lot be self- operated or automated in total or in part, a site plan sb~ll be submitted indicating the location of such devices. iv) Open sales lots shall not exceed two (2) square feet of surface to one (1) square foot of floor area within a building on the same or abutting lot devoted to the same use of a use adjunct or incident to the use of. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Operation of public transportation, spur tracks, sidings, depots, but not L.C.L. storage tracks, switching yard or other railroad activities. (h) Vending machines (coin operated) whether they be for service or' product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two (2) vending devices. (i) Warehousing having over 16,000 sq. ft. of gross floor area. (j) Manufacturing, fabricating, assembly or repair of products provided that the space devoted to such use does not occupy front twenty-five feet of the ground floor level of any structure and that such business operation conforms in all particulars to the provisions of Section 9.116(4)(z) of this Ordinance. F.A.R. shall not exceed 2.0. is herewith amended as follows: 9. 114(2) Conditional Uses Within any "GB" Business District, no structure or land shsll be u~ed for the following uses except by conditional use permit. (a) Accessory structures. (b) Dwelling units subject to Section 9.110(0). (c) Open sales lots subject to Section 9.116(14) and provided.. i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii ) That the assembly, repair, or m~uufacture of goods shall not occur within an open sales lot. iii ) That should the operation of the open sales lot be self- operated or automated in total or in part, a site plan shall be submitted indicating the location of such devices. iv) Open sales lots shall not exceed two (2) square feet of surface to one (1) square foot of floor area within a building on the same or abutting lot devoted to the same use of a use adjunct or incident to the use of. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (f) Public utility structures. (g) Operation of public transportation, spur tracks, sidings, depots, but not L.C.L. storage tracks, switching yard or other railroad activities. (h) Vending machines (coin operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulations. Should the vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two (2) vending devices. (i) Warehousing having over 16,000 sq. ft. of gross .floor area. (j) Manufacturing, fabricating, assembly or repair of products provided that the space devoted to such use does not occupy the front twenty-five feet of the ground floor level of any structure and that such business operation conforms in all particulars to the provisions of Section 9.116(4) (z) of this Ordinance. F.A.R. shall not exceed 2.0. (k) Day care centers. Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days after i~s passage. First reading: Second reading: Date of passage: March 28, 1988 April 25, 1988 April 25, 1988 Offered by: Peterson Seconded by: Paulson Roll call: All ayes AHne' Studeht, COuh~il Secret y Dale V. Hadtrath, Mayor