There is created the commercial park (CP) zoning district. The provisions governing the regulations, use and development of land located in a CP district shall be as follows:

     A-1.    Permitted uses.

        

         A-2.    Uses permitted only by a special use permit.

            

    C.    Conditions of Use. Except as otherwise noted herein, or provided for in other codes and ordinances of the city, all uses permitted in a CP district shall be subject to the following conditions:

    1.    All activities shall be conducted wholly within an enclosed area.

    2.    Special commercial sales promotions by licensed businesses may display goods outside their buildings during business hours only.

    D.    Height. The maximum structures height shall be forty (40) feet from the average grade elevation at building perimeter, and:

    1.    Shall have a State Fire Marshal approved sprinkler system installed when required by the State Fire Marshal; and

    2.    Shall maintain adequate systems to provide structures with emergency power for sprinkler systems, if required by the State Fire Marshal.

    E.    Lot Size. Every building hereinafter erected in a CP district shall be on a lot having an area of not less than one acre (forty-three thousand five hundred sixty (43,560) square feet) and a width at the established building line of not less than one hundred (100) feet.

    F.    Yard Areas. No building or structure shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building.

    1.    Front Yard. Each lot upon which a building is constructed or enlarged shall have a front yard of not less than fifty (50) feet.

    2.    Side Yard. No side yard shall be required, except for a lot which abuts upon an R district, or upon an alley or street separating this district from an R. district. There shall then be provided a side yard equal to one-half of the front yard required in the abutting R district, or twenty (20) feet, whichever is more.

    3.    Rear Yard. There shall be a rear yard of not less than twenty (20) feet. A one-story accessory building may be located in the rear yard, provided the accessory building is not located closer to the rear lot line than either: (a) five feet adjacent and parallel to the rear lot line; or (b) the width of a utility easement on or adjacent to the rear lot line, whichever is more. The area between the accessory building and the rear lot line may be utilized for parking of vehicles and for loading and unloading of vehicles under roof.

    G.    Buffer Area. On lots abutting an R district, there shall be provided a twenty (20) foot wide planting strip, extending the length of the lot adjoining the R district planted with trees and shrubs to provide a dense screen at maturity. A planting strip plan must be approved by the city building inspector.

    H.    Off-Street Parking and Loading Facilities. Off-street parking and loading facilities shall be provided as required in Sections 1756.030 through 17.56.180.

    I.    Criteria for Establishing Gasoline Stations.

    1.    Gasoline stations may, in addition to the retail dispensing of vehicular fuels, offer to perform, as an accessory use, automotive maintenance, service or repair, including, but not limited to the sale and installation of lubricants, tires, batteries, and similar accessories for automotive vehicles. An automatic car wash may be allowed as an accessory use. Gasoline stations may also sell other merchandise not directly related to the maintenance, service or repair of automotive vehicles such as food, beverages and other convenience items normally found at convenience stores.

    2.    Gasoline stations must meet the following design criteria.

    i.    Canopies shall conform to the minimum building setback line.

    ii.    All exterior lighting shall be inwardly directed so that no direct lighting is cast off premises.

    iii.    The number of access cuts shall be minimized so as to encourage the optimum traffic movement and circulation patterns onto public roadways as determined by the city council.

    3.    Gasoline stations located in existing or proposed shopping centers shall provide an access interconnection plan to the city council for approval. Such gasoline stations are encouraged to orient the service station towards the shopping center and not the adjoining streets. For purposes of this section, "orient towards" means the direction in which the pump islands and main building face. In any event, the following design criteria will apply:

    i.    The minimum setback of pump islands and canopies shall be fifteen (15) feet from any property line.

    ii.    A fifteen (15) foot landscaped area shall be provided between the building setback and public right-of-way. The area shall consist of a three-foot high barrier, using berms if feasible, and shrubs or trees (with a minimum diameter of two and one-half inches) distributed along fifty (50) percent of the entire frontage. A ten-foot wide area shall consist of at least fifty (50) percent live landscaping in the form of trees planted at twenty (20) foot intervals and intermittent shrub clusters.

    J.    Other Development Standards.

    1.    Building Materials.  The exterior walls of a building that is visible from any public right-of-way shall be constructed of one or more of the following materials:  (a)  brick;  (b)  brick veneer;  (c)  natural stone;  (d)  marble;  (e)  granite;  (f)  glass;  (g)  stucco.  All other exterior walls shall be constructed of one or more of the following materials:  (a)  the building materials authorized for exterior walls visible from a public right-of-way and/or  (b)  architectural cement blocks. Exterior building materials other than those listed are permitted, but only provided:  (i) the proposed building materials are authorized and approved by the BOCA National Building Code in effect at time of reference; and, (ii) the proposed building materials have been reviewed and approved by the City Council (with the advice and/or recommendation of the City's Building Commissioner and/or the City's Architectural Review Committee), but shall not include any of the following materials:  (a) metal siding (except architectural metal as in accent material); or, (b) cement blocks.

    2.    Environmental Performance Standards. General environmental performance standards related to noise, vibration, storm water and flood management shall be met in accordance with Section 17.56.190.

    3.    Landscaping. Quality landscaping is required in a CP zoning district. This shall include as a minimum the provision of deciduous, hardwood street trees along the front of the site. Such street trees shall be evenly spaced, where possible, and there shall be one tree for each forty (40) linear feet of frontage on the street. Such street trees shall be located on the subject property, parallel to the road right-of-way. For all surface parking areas, a minimum of ten square feet of landscaped area shall be provided within or adjacent to the parking lot for each parking space to reduce the apparent size of parking areas to reduce glare and to provide shade. Each individual landscaped area shall be at least fifty (50) square feet in area, at least five feet in width and shall include at least one deciduous shade tree. Street trees shall have a minimum diameter of two and one-half inches measured one foot above ground level, and shade trees shall have a minimum diameter of one and one-half inches measured one foot above ground level. Street trees shall have a minimum clear trunk height, when planted, of five feet. Shade trees shall have a clear trunk height, when planted, of sufficient height so as not to interfere with any traffic sight distance lines.

    4.    Loading Areas. Any overhead doors, loading areas or loading docks shall be located on the sides or rear of the building. Uses will often have high visibility from major roadways as well as from the internal roads upon which they front. Therefore, the building design, orientation and landscaping shall be coordinated to adequately screen loading areas from both visual perspectives. The structure of building shall be set back a minimum of fifty (50) feet from the right-of-way.

    5.    Maximum floor area ratio (FAR): 0.45 percent.

    6.    Maximum site coverage: seventy-five (75) percent.

    7.    Maximum structure height: forty (40) feet.

    8.    Minimum lot size: One acre (forty-three thousand five hundred sixty (43,560) square feet).

    9.    Outdoor Storage. Outdoor storage of equipment or materials is not allowed.

    10.    Screening of Rooftop Mechanical Units Required.  Rooftop mechanical units must be screened.  The screening shall have a minimum height equal to the height of the mechanical equipment required to be screened.  Screening may be provided by extending the parapets of the building or structure on which the equipment required to be screened is located, or by construction and installation of a mansard roof to screen the mechanical equipment, or by enclosing the mechanical equipment in a mechanical penthouse.

    11.    Parking Requirements. Off-street parking and loading shall be provided in accordance with Section 17.56.030 and 17.56.180.

    12.    Site Plan Required. All applications for development in a CP district shall include a site plan to be filed with the building inspector for his review and approval. Submission requirements are outlined in Section 17.56.200.

    13.    Yard and Setback Requirements. Notwithstanding anything in this chapter to the contrary, no building or structure shall be located closer than thirty (30) feet from a public right-of-way. In the event that parking is to be located in front of a building or structure, the structure or building shall be set back a minimum of fifty (50) feet from the right-of-way. In every instance, the first ten feet of the front yard setback from the right-of-way shall be provided with and maintained with landscaping, including but not limited to, deciduous shade trees planted at regular intervals. The minimum side and rear yards shall be twenty (20) feet, except as otherwise provided in subsection (F)(2) and (3) of this section. (Ord. 1742 § 1 (part), 1999)