§ 17.16.070. Commercial uses.  


Latest version.
  • (Refer to zoning district land use table)

    A.

    After Hours Establishments.

    1.

    Street Standard. At a minimum, after hours establishments shall have driveway access on an arterial street.

    2.

    Setback/Location Restrictions. No after hours establishment shall be located within five hundred feet from the property line of any residential property. Distances shall be measured in a straight line from the closest point of the after hours establishment building to the closest point of the residential property line.

    B.

    Animal Boarding Facility.

    1.

    Setback. No part of any building or structure in which animals are housed shall be closer than two hundred feet, and no kennel run shall be located within one hundred feet, from any existing residence.

    2.

    Building Temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting.

    3.

    Cages. Each animal boarded at the facility shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

    4.

    Runs. Each run must have at least a six-foot high fence completely surrounding it. Fences must be maintained in escape-proof condition. Runs shall provide an adequate exercise area and protection from the weather. All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

    5.

    Watering of Animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

    6.

    On-Site Waste Collection. All on-site waste shall be housed either within the kennel building or an accessory structure, and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week. The drainage of all liquid by-products shall be discharged into a permitted sanitary sewer line or septic tank and shall not be disposed of by way of storm sewers, creeks, streams or rivers.

    C.

    Automated Teller Machine (ATM). Where a drive-up ATM kiosk abuts a residential zone district or district permitting residential use, a minimum setback of twenty feet shall be provided and landscape buffer yard Standard B shall be applied within the setback.

    D.

    Automobile Convenience.

    1.

    Minimum Street Frontage. Each parcel shall have a minimum street frontage of one hundred feet on each abutting street.

    2.

    Gasoline Pumps. Gasoline pumps shall be at least twenty feet from any property line and a minimum of twenty feet from any public right-of-way.

    3.

    Automatic Car Wash.

    a.

    One automatic car wash, capable of washing only one car at a time, shall be located fifty feet away from any residential zone district or district permitting residential use.

    b.

    All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property.

    c.

    If located within one hundred feet of a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on any day of the week.

    4.

    Mini-Marts. Mini-marts may be permitted on the site of a service station, including restaurants co-located within the same building. A mini-mart in the IWD, IR or IG shall be limited to two thousand five hundred square feet of gross floor area, maximum. Parking shall be provided for each separate use pursuant to Chapter 17.20, Article II.

    5.

    Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions:

    a.

    The rental equipment does not occupy or interfere with the required parking for the gas station, mini-market (and/or restaurants);

    b.

    The rental of the equipment is clearly incidental and secondary to the main activity on the site; and,

    c.

    The storage of any rental equipment shall be located fifty feet away from any residential zoning district boundary or the property line of any property containing a residential use, and shall not be located abutting a public right-of-way.

    6.

    Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.

    7.

    Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).

    8.

    Vehicle Sales or Storage. No vehicle may be stored or parked on the premises for the purpose of offering it for sale.

    E.

    Automobile Repair.

    1.

    There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

    a.

    A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

    b.

    A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

    2.

    Driveways shall be consolidated if required by the metro traffic engineer.

    3.

    Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.

    4.

    Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.

    5.

    Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

    6.

    All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 25 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

    7.

    Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.

    8.

    Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

    Lot Frontage in Feet Max
    Number
    of Signs
    Max
    Sign Area
    Max
    Height
    Less than 100 1 64 sq. ft. 20 ft.
    100—299 1 100 sq. ft. 20 ft.
    >300 2 (with minimum 100' separation) 100 sq. ft. 20 ft.

     

    9.

    No automobile repair establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another automobile repair establishment, automobile sales, used establishment, or automobile services establishment is located.

    F.

    Automobile Sales, Used.

    1.

    There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

    a.

    A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

    b.

    A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

    2.

    Driveways shall be consolidated if required by the metro traffic engineer.

    3.

    Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.

    4.

    Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.

    5.

    Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

    6.

    All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 25 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

    7.

    Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.

    8.

    Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

    Lot Frontage in Feet Max
    Number
    of Signs
    Max
    Sign Area
    Max
    Height
    Less than 100 1 64 sq. ft. 20 ft.
    100—299 1 100 sq. ft. 20 ft.
    >300 2 (with minimum 100' separation) 100 sq. ft. 20 ft.

     

    9.

    No automobile sales, used establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another automobile repair establishment, automobile sales, used establishment, or automobile services establishment is located.

    G.

    Bar or Nightclub. Establishments shall be limited to two thousand five hundred square feet of gross floor area per establishment, with no more than one establishment per lot.

    H.

    Bed and Breakfast Inn. The bed and breakfast inn shall be limited to no more than ten guest rooms.

    I.

    Boat Storage.

    1.

    In the CL zoning district, screening in the form of a Landscape Buffer Yard Standard B shall be applied along all residential zone districts and districts permitting residential uses. A twenty-five foot vegetation buffer shall be provided between any storage building and the closest residential property line. The maintenance standards set forth in Section 17.24.080 shall be applicable to all required landscaping.

    2.

    In the CL zoning district, no building on the property may exceed eighteen feet in height.

    3.

    In the CL zoning district, a boat storage use must be located within two miles of a public boat launching ramp. Such boat launching ramp shall provide access to a lake maintained by the U.S. Army Corps of Engineers. The parcel of land upon which the boat storage facility is located must be within a planned unit development (PUD) overlay district explicitly allowing boat storage as a permitted use.

    4.

    In the CS zoning district, a boat storage use is not permitted within the Urban Zoning Overlay (UZO).

    5.

    In the CS zoning district, a boat storage use must be located on a lot that does not exceed four acres in size.

    6.

    In the CS zoning district, no more than one hundred boat slips shall be permitted.

    J.

    Car Wash.

    1.

    There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

    a.

    A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

    b.

    A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

    2.

    Whether automatic, free, self-service or by hand, the car wash structure (including wash bays) and any outdoor vacuuming machines or areas, shall be located a minimum of fifty feet from any residential zoned district or district permitting residential uses.

    3.

    All washing facilities shall be located within a structure which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property.

    4.

    Car washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than six nor more than eight feet height. If adjacent property is commercially developed and a solid wall already exists on the property line, the zoning administrator may modify or waive this requirement as necessary to achieve the purpose of this section.

    5.

    For facilities without defined stalls, a stall shall be calculated based on one stall being the equivalent to each twenty linear feet of washing area lane.

    6.

    If located within 100 feet if a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on any day of the week.

    7.

    There shall be no outdoor loudspeakers or public address systems.

    8.

    No vehicles may be stored or parked on the premises for the purpose of offering for sale.

    9.

    Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

    Lot Frontage in Feet Max
    Number
    of Signs
    Max
    Sign Area
    Max
    Height
    Less than 100 1 64 sq. ft. 20 ft.
    100—299 1 100 sq. ft. 20 ft.
    >300 2 (with minimum 100' separation) 100 sq. ft. 20 ft.

     

    K.

    Custom Assembly.

    1.

    In the MUN, CN and CN-A, CA and SCN zone districts, these activities shall be limited to two thousand five hundred square feet of gross floor area, and conducted only in completely enclosed buildings. No outdoor storage of materials or finished products shall be permitted.

    2.

    In the MUL, CL and CL-A zone districts, custom assembly shall be limited to five thousand square feet of gross floor area per establishment.

    3.

    In all zone districts, structures used for custom assembly activities shall not have any openings facing any residential zone district other than those required for emergency egress.

    L.

    Donation Center, Drop-off.

    1.

    Hours of operation. The donation center shall generally operate during the hours of nine a.m. to six p.m., seven days a week. Notwithstanding the foregoing provision to the contrary, the hours of operation may be adjusted to assure a high level of donor service and to maintain the premises in a clean and orderly manner.

    2.

    No retail sales shall be conducted at the center.

    3.

    No sorting or distribution of collected materials may occur on-site.

    4.

    No hazardous materials, autos or auto parts, bathroom or kitchen fixtures, guns, large appliances, mattresses and box springs, carpeting, construction materials, or office equipment shall be accepted for donation.

    5.

    All collected materials shall be picked up from the center at least once a week.

    6.

    Illegally dumped items shall be picked up nightly, seven days a week, or as required to maintain a neat and orderly appearance.

    7.

    Street Standard. At a minimum, donation centers shall have driveway access on an arterial street.

    M.

    Home Improvement Sales. Each establishment shall be limited to five thousand square feet of gross floor area. In the MUN and SCN zone districts, each establishment shall be limited to ten thousand square feet of gross floor area, maximum.

    N.

    Nano Brewery.

    1.

    No outdoor storage shall be permitted.

    2.

    All beer production activities shall be within completely enclosed structures.

    3.

    Loading Docks: Loading docks shall not be oriented toward the street. Where the site abuts an R and R-A, RS and RS-A, RM, MUN, MUN-A, or OR zoning district, the building wall facing such lot shall not have any loading docks oriented towards these districts. Where these districts abut all sides, the loading dock shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such districts permitting residential use.

    4.

    Service Doors: Any service doors facing a public street or a zoning district permitting residential use shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such public street or district permitting residential use.

    5.

    Waste/By-Products. All by-products or waste from the production of the beer shall be disposed of off-site.

    O.

    Mobile Storage Unit.

    1.

    Within any calendar year, a lot of record shall have a maximum of one storage event for all units located on that lot. An event is defined as a storage period totaling no more than ninety days for all units. The storage period begins the day the first unit is located on the site and terminates ninety days thereafter regardless of how recently additional units may have been added to the existing storage area. If all units are removed prior to the ninety-day period on a lot, the storage period shall have been deemed to have occurred for that calendar year.

    2.

    All units shall be maintained in a good state of repair and appearance.

    3.

    All units shall be located at the rear or side of a building where excess parking exists.

    4.

    No unit shall be located in or prevent the use of a required parking space or drive aisle.

    5.

    No unit shall be stacked on top of another unit.

    6.

    No signage or advertising may be placed on the unit except the name and phone number of the rental or leasing company from whom the unit is being leased or rented.

    P.

    Pawnshop.

    1.

    In the MUN, ORI, CN and CN-A zone districts, each establishment shall be limited to five thousand square feet of gross floor area, maximum.

    2.

    In the IWD, IR and IG zone districts, each establishment shall be limited to two thousand five hundred square feet of gross floor area, maximum.

    3.

    No pawnshop establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another pawnshop establishment is located.

    Q.

    Mobile Vendor. This use shall be allowed according to the following standards:

    1.

    This use shall be allowed only within a permanent, enclosed structure.

    2.

    No tables, crates, cartons, racks or other devices shall be used outdoors to increase the selling or display capacity of the mobile vendor outside the permanently, enclosed structure.

    R.

    Restaurant, Fast-Food/Restaurant, Full-Service/Restaurant, Take-Out.

    1.

    Each establishment shall be limited to five thousand square feet of gross floor area, maximum.

    2.

    In the MUN district, a restaurant, take-out, must be located within a permanent, enclosed structure.

    S.

    Retail.

    1.

    In the MUN, ORI, CN and CN-A zone districts, each establishment shall be limited to five thousand square feet of gross floor area, maximum.

    2.

    In the MUL and SCN districts, each grocery store shall be limited to fifty thousand square feet, maximum. All other retail uses shall be no larger than twenty thousand square feet.

    3.

    In the SCC district, each grocery store shall be limited to one hundred thousand square feet, maximum. All other retail uses shall be no larger than forty thousand square feet.

    4.

    In the IWD, IR and IG zone districts, each establishment shall be limited to two thousand five hundred square feet of gross floor area, maximum, unless the retail is accessory to a Manufacturing, Artisan use and a portion of the products are created or assembled on site.

    T.

    Self-Service Storage.

    1.

    Each storage unit shall be fully enclosed by walls and roof and shall not exceed six hundred square feet in area.

    2.

    Outdoor storage shall not be permitted, except for the parking of recreational vehicles, boats and trailers.

    3.

    Storage units shall not be used for the manufacture, processing or assembly of goods, the sale of goods or personal services on the premises, or customer pickup. Active use or activities such as the practice of musical instruments shall not be permitted within individual storage units or anywhere else on site.

    4.

    Storage units shall not have service door openings within thirty-five feet of a residential zone district.

    5.

    Service doors facing a public street or a residential zone district shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such public street or residential zone district.

    U.

    Short term rental property (STRP)—Not Owner-Occupied.

    1.

    Requirements and restrictions.

    a.

    No person or entity shall operate a STRP or advertise a residential property for use as a STRP without the owner of the property first having obtained a STRP permit issued by the department of codes administration in accordance with the provisions of this chapter.

    b.

    Any advertising or description of a STRP on any internet website must: (a) prominently display the permit number for the STRP unit; or (b) include an image of the permit, or a link to an image of the permit, in which the permit number is legible.

    c.

    In single-family and one and two-family zoning districts, all property improvements shall comply with the Chapter 17.12 (District Bulk Regulations) for single-family or two-family uses, depending on the number of units on the property.

    2.

    Application.

    a.

    STRP permit applications shall be valid for ninety calendar days from the date filed and shall expire if the application process has not been completed within that time.

    b.

    The STRP permit application shall verify by affidavit that all of the information being provided is true and accurate and the application shall include the following information:

    i.

    The name, telephone number, address, and email address of the owner and of a person or business ("responsible party") residing or located within twenty-five miles of the STRP that is responsible for addressing all maintenance and safety concerns;

    ii.

    Proof of insurance evidencing homeowner's fire, hazard, and liability insurance. Liability coverage shall have limits of not less than one million dollars per occurrence.

    iii.

    Proof of written notification to the owner of each adjacent property prior to filing the application. For each such adjacent property, proof of written notification shall be: (a) a signature of an owner; (b) a signed receipt of U.S. registered or certified mail addressed to an owner; or (c) notice from the U.S. Postal Service that registered or certified mail to an owner was refused or not timely accepted.

    iv.

    A statement that the applicant has confirmed that operating the proposed STRP would not violate any home owners association agreement or bylaws, condominium agreement, covenants, codes and restrictions or any other agreement governing and limiting the use of the proposed STRP property.

    v.

    Proof of payment of all taxes due, including property taxes and, for permit renewals, all applicable room, occupancy, and sales taxes required by state law or the Metropolitan Code.

    3.

    Signage. Any sign, as defined in Section 17.32.030.B of this Zoning Code, on a property used for a STRP shall be governed by the provision of Chapter 17.32, Sign Regulations, of this Zoning Code.

    4.

    Regulations.

    a.

    All STRP occupants shall abide by all applicable noise restrictions and regulations regarding the public peace and welfare contained in the Metropolitan Code, and all applicable waste management provisions of Chapter 10.20 of the Metropolitan Code.

    b.

    The STRP shall meet all applicable requirements of the state and local building and fire safety codes, including, but not limited to, having approved smoke alarms meeting Underwriters Laboratory (UL) 217 standards installed as follows:

    i.

    In all sleeping areas.

    ii.

    In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.

    iii.

    In each story within the sleeping unit, including basements.

    c.

    Parking shall be provided as required by Section 17.20.030. No recreational vehicles, buses, or trailers shall be visible on the street or property in conjunction with the STRP use.

    d.

    No food shall be prepared for or served to the transient by the permit holder.

    e.

    The principal renter of a STRP unit shall be at least twenty-one years of age.

    f.

    Maximum occupancy. The maximum number of occupants permitted on a STRP property at any one time shall not exceed more than twice the number of sleeping rooms plus four. Simultaneous rental to more than one party under separate contracts shall not be allowed. The occupancy maximum shall be conspicuously posted within the STRP unit. Advertising a STRP for more occupants than allowed by this regulation shall be grounds for revocation of the permit.

    g.

    The STRP owner shall not receive any compensation or remuneration to permit occupancy of a STRP for a period of less than twenty-four hours. The maximum stay for any guest shall be thirty consecutive days.

    h.

    The name and telephone number of the local responsible party shall be conspicuously posted within the STRP unit. The responsible party shall answer calls twenty-four hours a day, seven days a week for the duration of each short term rental period to address problems associated with the STRP.

    i.

    Expiration and renewal of permit.

    i.

    A STRP permit shall expire three hundred sixty-five days after it is issued unless it is renewed prior to its expiration.

    ii.

    For STRP units that have received no documented complaints to Metro Codes, police, or public works during the most recent permit period, a renewal application may be submitted by mail, online, or in person according to regulations promulgated by the metro codes department. All such renewal applications shall include a statement verified by affidavit that:

    (a)

    includes all of the information required in an application under Section 17.16.250.E.2; and

    (b)

    the STRP continues to be in full compliance with all applicable laws, including the payment of all applicable taxes.

    iii.

    For an STRP that has received no documented complaints to Metro Codes, police, or public works during the most recent permit period, a 30 calendar day grace period for renewal after the expiration of the STRP permit may be allowed by the zoning administrator upon a showing by the owner of a reasonable explanation other than neglect or mistake for the delay.

    iv.

    For an STRP with documented complaints to Metro Codes, police, or public works during the most recent permit period, no grace period shall be allowed and all permit renewal applications shall be submitted timely. The permit may be renewed upon the payment of a renewal fee, and the submission of a statement verified by affidavit that includes all of the information required in an application under Section 17.16.250.E.2.

    j.

    The permit holder shall be responsible for collecting and remitting all applicable room, occupancy, and sales taxes required by state law or the Metropolitan Code.

    k.

    A STRP permit shall not be transferred or assigned to another individual, person, entity, or address, nor shall the permit authorize any person, other than the person named therein, to operate a STRP on the property.

    l.

    Denial or Revocation of Permit.

    i.

    Upon the filing of a complaint regarding a STRP permit, the department of codes administration shall notify the permit holder in writing or by e-mail of such complaint.

    ii.

    If the zoning administrator determines, based on reasonably reliable information that the zoning administrator has obtained including without limitation public records or reports, records of regularly conducted activity, or a direct or online statement against a person's own interest, that three violations of this section or other Code sections referenced in this section have occurred within a twelve-month period, the permit to operate a STRP may be revoked.

    iii.

    Before revoking any permit, the department of codes administration shall give the permit holder fifteen days written notice of the alleged violation(s) against him/her.

    iv.

    Any denial or revocation of a STRP permit may be appealed to the board of zoning appeals as an administrative appeal pursuant to Section 17.40.180.A. of the Metropolitan Zoning Code.

    v.

    Once a STRP permit has been revoked, no new permit shall be issued to the applicant for the same property for a period of one year from the date of the revocation.

    vi.

    The penalty for operating a short term rental property without a permit shall be:

    (1)

    A fifty dollar fine as imposed by a court of competent jurisdiction. Each day of operation without a permit shall constitute a separate offense.

    (2)

    Upon a finding by the board of zoning appeals that a short term rental property has operated without a permit, there shall be a waiting period of up to one year from the date of such finding for the property to become eligible for a STRP permit, as determined by the BZA. Properties that have been denied a permit by the board of zoning appeals and made subject to the one year waiting period prior to October 4, 2016 may re-appeal to the board of zoning appeals with no payment of an appeal fee. The length of the waiting period shall be based upon whether the operator was aware or unaware of the requirement that the STRP have a permit. Evidence to be evaluated in making this decision may include but is not limited to:

    (a)

    the testimony of the STRP operator;

    (b)

    the testimony of neighbors or others with knowledge of the STRP operation;

    (c)

    evidence that the operator was informed of the requirement and disregarded this information;

    (d)

    evidence that the operator had looked into requirements and misunderstood them;

    (e)

    prior or repeat offenses by the operator under this section; and

    (f)

    whether the operator, upon being informed of the requirement, obtained or attempted to obtain a permit before renting the STRP again.

    (3)

    Upon a finding of a court of competent jurisdiction that a short term rental property has operated without a permit, in addition to any other relief granted, there shall be a waiting period of three years from the date of such finding for the property to become eligible for a STRP permit.

    V.

    Vehicular Rental/Leasing. This use shall be allowed as provided in the DTC zoning district. In the CF and SCR districts the use shall be limited to renting and/or leasing passenger automobiles, sport utility vehicles, pick-up-trucks (¾ ton or less), and small cargo work vans and passenger vans (gross vehicle weight rating of not more than ten thousand pounds), including incidental parking and servicing of these vehicles for rental or lease. No motorcycle, recreational vehicles, boats, recreational equipment, moving vans or moving trucks shall be rented or leased from the property. In addition, no "Automobile Repair" or "Scrap Operation" activities may occur on-site and no inoperable vehicles shall be stored on the property.

    W.

    Vehicular Sales and Service, Limited

    1.

    There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

    a.

    A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

    b.

    A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

    2.

    Driveways shall be consolidated if required by the metro traffic engineer.

    3.

    Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.

    4.

    Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.

    5.

    Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

    6.

    All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 25 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

    7.

    Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.

    8.

    Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

    Lot Frontage in Feet Max
    Number
    of Signs
    Max
    Sign Area
    Max
    Height
    Less than 100 1 64 sq. ft. 20 ft.
    100—299 1 100 sq. ft. 20 ft.
    >300 2 (with minimum 100' separation) 100 sq. ft. 20 ft.

     

(Ord. BL2018-1183 §§ 1, 2, 2018; Amdts. 4—6, 8 to Ord. BL2017-608 § 7, 2018; Ord. BL2017-608 § 7, 2018; Ord. BL2016-267 § 3, 2016; Ord. BL2015-1153 §§ 15, 16, 2015; Ord. BL2015-1121 § 5, 2015; Ord. BL2015-1038 § 1, 2015; Ord. BL2014-908 § 4, 2014; Ord. BL2013-418 §§ 8—12, 2013; Ord. BL2012-312 § 2, 2012; Ord. BL2012-249 § 3, 2012; Amdt. 1 to Ord. BL2012-158 § 3, 2012; Ord. BL2012-158 § 3, 2012; Ord. BL2009-586 § 1(Exh. A, § 31), 2010; Amdts. 1, 2, to Ord. BL2008-299 § 3, 2008; Ord. BL2008-299 § 3, 2008; Ord. BL2008-169 § 3, 2008; Ord. BL2008-167 § 3, 2008; Amdt. 1 to Ord. BL2008-150 § 2, 2008; Ord. BL2008-150 § 2, 2008; Amdt. 1 to Ord. BL2006-1283 § 4, 2007; Ord. BL2006-1283 § 4, 2007; Amdt. to Ord. BL2006-973, 2006; Ord. BL2006-973 § 3, 2006; Ord. BL2006-972 § 3, 2006; Ord. BL2003-92 § 2, 2004; Ord. BL2001-674 § 1 (part), 2001; Ord. BL99-117 § 1 (part), 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(E), 1997)