CODE OF ORDINANCES City of OAKLAND PARK, FL. Codified through Ord. No. O , enacted Oct. 4, (Supplement No. 15)

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1 CODE OF ORDINANCES City of OAKLAND PARK, FL Codified through Ord. No. O Page 1 of 5 CODE OF ORDINANCES City of OAKLAND PARK, FL Codified through Ord. No. O , enacted Oct. 4, (Supplement No. 15) Preliminaries CODE OF ORDINANCES CITY OF OAKLAND PARK, FLORIDA GENERAL ORDINANCES OF THE CITY Adopted: August 21, 1974 Effective: October 1, 1974 Published by Order of the City Commission Published by Municipal Code Corporation Copyright 1974 Municipal Code Corporation Tallahassee, Florida OFFICIALS of the CITY OF OAKLAND PARK, FLORIDA

2 CODE OF ORDINANCES City of OAKLAND PARK, FL Codified through Ord. No. O Page 2 of 5 AT THE TIME OF THIS CODIFICATION Layne Dallett Walls Mayor Steven R. Arnst Robert L. Sproc Caryl R. Stevens Chris Wilson Commissioners Robert D. Johnston City Manager Donald J. Doody City Attorney Carol Gold City Clerk PREFACE This volume contains the Charter and Code of Ordinances of the City. The Code constitutes a complete recodification of the ordinances of the City of Oakland Park of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto. This Code was subsequently republished in Source materials used in the preparation of the Code were the 1960 Oakland Park Code, adopted by Ordinance No. 229, as supplemented through November 4, 1970 (Ordinance No. 518), and ordinances subsequently adopted by the City Commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Ordinance Disposition Table appearing in the back the volume, the reader can locate any section of the 1960 Code, as supplemented, and any subsequent ordinance included herein. Numbering System The chapters of the Code are arranged in alphabetical order and the various sections within each chapter are catchlined to facilitate usage. Appropriate footnotes which tie related sections of the Code together and which refer to correlative charter provisions and relevant state laws have been included. The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 4 is 4-14.

3 CODE OF ORDINANCES City of OAKLAND PARK, FL Codified through Ord. No. O Page 3 of 5 Under this system, each section is identified with its chapter and, at the same time, newsections, or even whole chapters, can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4.4 and 4.5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2, 4.4.3, respectively. New chapters may be included by the addition of a fraction after the chapter number, e.g., if the new material is to be included between Chapters 12 and 13, it will bedesignated as Chapter 12 1/2. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of each chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division. Indices The Charter and Code Indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by city officials and employees. There are numerous cross references which stand as guideposts to direct the user to the particular item in which he is interested. Looseleaf Supplements A special feature of this Code is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof as provided in Section 4 of the Adopting Ordinance. The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgements The publishers are most grateful to Mr. Lewis D. Haines, City Attorney, and Miss Darleen Mitchell, City Clerk, for their cooperation and assistance during the progress of the work on the original Code. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs. The City authorized the republication of this Code in May 1995, and this volume is issued as a replacement copy to replace all existing copies of the Code as published in 1974 and supplemented through Supplement Number 37. The July 1995 republication was under the supervision of Lori A. Story, Editor, of the Municipal Code Corporation, and credit is gratefully given to the other members of the publisher's staff who provided assistance throughout this project. The publishers are most grateful to Ms. Carol Gold, CMC/AAE, City Clerk, for her participation, cooperation and interest during the preparation of this republication of the Code. This republication was under the supervision of Edwin D. March, Editor, of the Municipal Code Corporation, and credit is gratefully given to the other members of the publisher's staff who provided assistance throughout this project. The publishers are most grateful to Ms. Carol Landau, CMC/AAE, City Clerk, for her participation, cooperation and interest during the preparation of this republication of the Code.

4 CODE OF ORDINANCES City of OAKLAND PARK, FL Codified through Ord. No. O Page 4 of 5 August 1998 MUNICIPAL CODE CORPORATION Tallahassee, Florida ORDINANCE NO * *Note: See editor's note at Charter. An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Oakland Park, Florida: Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending Such Code of Ordinances; and Providing When This Ordinance Shall Become Effective. Be It Ordained By the City Council of The City of Oakland Park, Florida: Section 1: That the Code of Ordinances, consisting of Chapters 1 to 23, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Oakland Park, Florida," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before April 3, 1974, except such as, by reference thereto, are expressly saved from repeal or continued in force and effect for any purpose. Section 2: That all provisions of such Code shall be in full force and effect on and after October 1, 1974, and all ordinances of a general and permanent nature of the City of Oakland Park enacted on final passage on or before April 3, 1974, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 1st day of October, 1974, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed. Section 3: That the repeal provided for in Section 2 hereof shall not affect the following: (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; (b) Any ordinance of the City promising or guaranteeing the payment of money by or to the City, or authorizing the issuance of any bonds of the City, or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; (c) Any ordinances fixing positions, classifications and salaries; (d) Any right of franchise granted by any ordinance of the City to any person, firm or corporation; (e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City; (f) The annual appropriation ordinance; (g) Any ordinance levying or imposing taxes; (h) Any ordinance establishing and prescribing the street grades of any street in the City; (i) Any ordinance providing for local improvements and assessing taxes therefor; (j) The zoning ordinances, amendments and variances; (k) Any ordinance extending the boundaries of the City. Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a

5 CODE OF ORDINANCES City of OAKLAND PARK, FL Codified through Ord. No. O Page 5 of 5 subsequent ordinance which is repealed by this ordinance. Section 4: That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of Ordinances, City of Oakland Park, Florida," shall be understood and intended to include such additions and amendments. Section 5: That a copy of such Code shall be kept on file in the office of the City Clerk, and preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code, when the same have been printed or reprinted in page form, and to extract from such Codeall provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Oakland Park. Section 6: That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealedtherein. Section 7: That it shall be unlawful for any person, firm or corporation in the City of Oakland Park to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Oakland Park to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Oakland Park. Section 8: All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 9: This ordinance shall be in force and take effect on the 1st day of October, Unanimously PASSED FIRST READING 7th DAY OF August, Unanimously PASSED SECOND READING 21st DAY OF August, Jimmy D. Yates President of Council ATTEST: Rilla J. Clauson Assistant City Clerk APPROVED THIS 21st DAY OF August, H. Layton Mainguy Mayor, City of Oakland Park, Florida

6 ARTICLE IV. PLANNED DEVELOPMENT DISTRICTS 2; Page 8 of 16 to an additional eighteen (18) months by adoption of a resolution by the city commission upon written request. (K) Issuance of building permits. No building permit shall be issued except in conformity with all provisions of the rezoning to planned unit development and plans submitted and approved under these regulations. (Ord. No. O-90-21, 10, ; Ord. No. O-92-17, 3, ; Ord. No. O-97-14, 8, ; Ord. No. O , 10, ) Sec PCC: Planned Commerce Center District. (A) Purpose. The Planned Commerce Center (PCC) District is intended to apply to certain large parcels of land located on arterial or urban collector streets as so designated in the city comprehensive plan, which are designated for commercial or industrial use on the future land use map. The PCC District is designed to encourage the development of planned and unified office, business and light industrial complexes, at proper locations in an aesthetically pleasing environment in accordance with an approved site plan. Three (3) subdistricts are created to enable the city to determine the appropriate type of commerce center at a particular location, based upon the land use plan designation of the property, as well as the potential impact on surrounding residential neighborhoods, the regional transportation network and other services and facilities. These subdistricts are as follows: PCC-1: Planned Office Center. PCC-2: Planned Business Center. PCC-3: Planned Light Industrial Center. (B) Planned Office Center permitted uses. (1) At least seventy-five (75) percent of the total gross floor area of all buildings in the lot or parcel must be used for: (a) Offices for business, professional and administrative uses. (b) Banks and financial institutions. (c) Laboratories for scientific, educational, and industrial research and development (located in an area designated commercial or industrial on the Oakland Park Land Use Map). (d) Medical and dental laboratories; hospitals and clinics. (e) Community facilities, public, including governmental administration, fire stations, post offices, libraries, museums, community centers and courts. (f) Colleges, universities and schools, public or private, if approved as a conditional use. (g) Day care centers. (h) Broadcasting facilities for radio and television, except for freestanding broadcasting towers. (i) Utilities, public or private, except for sanitary landfills, refuse and trash dumps. (2) No more than twenty-five (25) percent of the total gross floor area of all buildings in the lot or parcel may be used for retail sales, personal service, and residential uses, as provided below: (a) Retail sales and personal service uses as permitted in the B-1 Zoning District. (b) Residential uses subject to the densities shown in the Oakland Park Future Land Use Map.

7 ARTICLE IV. PLANNED DEVELOPMENT DISTRICTS 2; Page 9 of 16 (c) Notwithstanding the above, the city commission after consideration by the planning and zoning board may permit up to fifty (50) percent of the total gross floor area of all buildings in the lot or parcel to be used for retail sales, personal services, and residential uses as provided above. (3) The restriction of the total gross floor area set forth above shall not apply to sexually oriented businesses as defined in section 24-73, provided the sexually oriented businesses are properly licensed as required by section of the Code of Ordinances. State law references: Licensing of sexually oriented businesses, Ch. 7, Art. X. (C) Planned Business Center permitted uses. (1) The uses permitted in the PCC-2 District are the same as those uses permitted in the B-1 Zoning District, except that colleges, universities and schools, public or private, may be permitted only as a conditional use. (2) Those uses first permitted in the B-2, B-3 or I-1 Zoning Districts may be permitted if approved as a conditional use. (3) Residential uses are permitted subject to the density provisions of the Oakland Park Future Land Use Map. (D) Planned Light Industrial Center permitted uses. (1) At least seventy-five (75) percent of the total gross floor area of all buildings in the lot or parcel must be used for those light industrial uses permitted in the I-1 Zoning District. (2) No more than twenty-five (25) percent of the total gross floor area of all buildings in the lot or parcel may be used for commercial uses as permitted in the B-1, B-2 or B-3 Zoning Districts, except that offices for doctors, dentists, podiatrists and related medical professions, and hospitals and clinics are not permitted. (3) Limitation of permitted uses: No operation shall be allowed which emits such quantities of dust, dirt, noise, smoke, odors, fumes, vibrations, radioactive waves or substances or abnormal explosion hazards which present a threat to the public health, welfare and safety of the residents of the surrounding area. (4) Notwithstanding the above, the city commission after consideration by the planning and zoning board may permit up to fifty (50) percent of the total gross floor area of all buildings in the lot or parcel to be used for commercial uses as permitted in the B-1, B-2 or B-3 Zoning Districts, except that offices for doctors, dentists, podiatrists and related medical professions, and hospitals and clinics are not permitted. (E) Building site area. (1) Planned commerce centers should normally not be less than ten (10) gross acres of contiguous land unless the city commission finds that a tract which contains less than ten (10) acres is suitable as a planned commerce center by virtue of some unusual conditions, to provide additional protection to surrounding residents, or because the site will nevertheless serve as a major employment center in the city. This minimum may be waived by the city commission after consideration by the planning and zoning board. (2) The minimum lot size should normally not be less than three (3) net acres, unless proof is provided that adequate unified control is to be exercised to satisfy the purposes of this district. (F) Building site coverage and green space. (1) Minimum of twenty-five (25) percent landscaped or pervious. (2) A planned commerce center shall provide a continuous, fifteen-foot wide, landscaped area around the perimeter of the property and no paving shall be allowed in this area except for

8 ARTICLE IV. PLANNED DEVELOPMENT DISTRICTS 2; Page 10 of 16 necessary paving for ingress, egress, and pedestrian circulation. Provided, however, that a twenty-five-foot landscaped area shall be provided along any trafficway street or major thoroughfare. This minimum landscaped area may be waived by the city commission, after consideration by the planning and zoning board, if the applicantcan demonstrate that this landscaping would be more appropriate at other locations or due to other special circumstances peculiar to the site. (3) Where a planned commerce center is adjacent to a residential district, whether or not separated by a street other than a trafficway street, alley or waterway, a fifteen-foot wide landscaped area shall be provided along such side. This landscaped area shall be designed with trees and other landscaping sufficient to provide adequate protection to the adjacent residential district(s). No paving shall be allowed in this area except for necessary paving for ingress, egress, and pedestrian circulation. (4) All right-of-way, perimeter and interior landscaping shall meet the requirements of article VIII. (5) Interior open space areas shall be provided and designed to create an aesthetically pleasing environment in the development. (6) A three-foot high berm, meeting the requirements of article VIII, as well as mass plantings, ornamental plantings or ground cover, shall also be provided along any trafficway or major thoroughfare. (G) Setbacks. (1) There shall be a setback of not less than fifteen (15) feet in depth around the perimeter of the planned commerce center, in addition to such setbacks as are required under the street widening program or the Broward County Trafficways Plan. Provided, however, that there shall be a setback of not less than twenty-five (25) feet from any arterial or urban collector street. This minimum setback may be waived by the city commission, after consideration by the planning and zoning board, if the applicant can demonstrate that this setback does not serve any valid public purpose. (2) There shall be a setback of not less than fifteen (15) feet in depth along any side of the planned commerce center which is adjacent to a residential district, whether or not separated by a street other than a trafficway street, alley, or waterway, in addition to such setbacks as required under the street widening program or the Broward County Trafficways Plan. (H) Building height limit. The maximum building height of all buildings or structures shall be four (4) stories or fifty (50) feet, whichever is less. This maximum may be waived by the city commission after consideration by the planning and zoning board if appropriate to the location and type of development proposed, as well as surrounding uses. Additional setback may be required for the granting of additional building height. (I) Minimum floor area. (1) No minimum requirements for commercial or industrial uses. (2) Residential uses are governed by the provisions of subsection 25-54(F)(6) of this article. (J) Unified control. All land included for the purpose of development within a Planned Commerce Center District shall be under the control of the applicant (an individual, partnership or corporation, or group of individuals, partnerships or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed planned commerce center, including appropriate warranty deeds. The applicant shall also agree in the site development plan to the following: (1) To proceed with the proposed development according to: (a) The provisions of these regulations,

9 ARTICLE IV. PLANNED DEVELOPMENT DISTRICTS 2; Page 11 of 16 (b) Conditions attached to the rezoning of the land to planned commerce center and/or approval of the site plan therefor, (c) The site development plan. (2) To make provision for continuing operation, management and maintenance of such buildings, areas, functions and facilities which are not proposed to be provided, operated or maintained at public expense in an adequate and proper manner. (3) To bind their successors in title to any commitments made under the above. Such site plan or an appropriate legal instrument referencing the site development plan shall be recorded in the public records of Broward County. (K) Rezoning and site plan approval. (1) Site plan: No building permit shall be issued for any improvements in a Planned Commerce Center District until such time as a site plan is approved by the city commission after consideration by the planning and zoning board following due public hearings. Such site plan shall include those elements specified in article XII, as well as typical building elevations, and may be submitted for approval either concurrent with or subsequent to rezoning. In addition, floor plans may be required in a mixed use development to assure compliance with section 24-55(B)--(D). (2) Conditions and stipulations: In granting approval of rezoning to planned commerce center, and/or the site plan thereof, the planning and zoning board may recommend and the city commission may attach reasonable conditions, safeguards and stipulations made at the time of approval, which shall be binding upon the applicant or any successors in interest. (3) Application filing fees: See land development fee schedule. (4) Revisions to approved site plan: (a) Minor change: The city manager, after receiving staff recommendations, may approve "minor" changes and deviations from the approved site plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site plan. All other requested changes and deviations shall be referred to the city commission. (b) Intermediate change: The city commission may at the request of the owner, without requiring a new application, authorize "intermediate" changes to approved site plans that pertain to location, types and configuration of buildings, landscaping and similar changes when the full character and intent of the approved master plan is not violated. This can be done without a public hearing or full application. (c) Substantial change: The city commission may determine that requested changes and deviations from an approved site plan constitute a substantial alteration to the character of the development and thus require that the requested changes be subject to the same procedure as required for new application. Substantial changes would include alteration of the intensities or mix of land uses. (5) Expiration of approved site plan: If no construction has begun or development taken place within eighteen (18) months of approval of the site plan, such site plan approval shall become null and void. An extension may be granted up to an additional eighteen (18) months by adoption of a resolution by the city commission upon written request. Any development thereafter is subject to resubmittal of a site plan in accordance with (K) above. (l) City-initiated rezoning. The city commission may initiate the rezoning of areas or parcels of land located on arterial or urban collector streets as so designated in the city comprehensive plan, which are designated for commercial or industrial use on the future land use map and which are appropriate for larger scale regional business or industrial parks to a Planned Commerce Center (PCC) District.

10 ARTICLE IV. PLANNED DEVELOPMENT DISTRICTS 2; Page 12 of 16 Pursuant to such rezoning, the city may accept site development plans for all or a portion of the Planned Commerce Center (PCC) District provided all other requirements of this section are met. (Ord. No. O-90-21, 10, ; Ord. No. O-97-14, 9, ; Ord. No. O , 3, ) Sec Mixed use land development. (A) Purpose and intent. The purpose and intent of this ordinance is to encourage mixed use and free standing multi-family development in areas with access to transit stations or stops along existing and planned transit corridors including Federal Highway, Oakland Park Boulevard and Commercial Boulevard; to promote mixed use land development patterns which achieve an aesthetic and functional pedestrian and transit compatible environment. Those commercial areas located within a Community Redevelopment Area (CRA) which are consistent with design ideals that encourage pedestrian friendly environments with enhanced public access to the city's waterways or the CRA Redevelopment Plan may also be considered for freestanding multi-family residential uses. (B) Locational requirements for mixed use land development projects. In order to qualify for allocation of reserve units the property shall have an underlying zoning which permits residential use and satisfy one of the following criteria: (1) the property shall abut at least one of the following transit corridors: Federal Highway, Oakland Park Boulevard or Commercial Boulevard ; or, (2) all residential dwelling units shall be located within one-quarter ( 1/4) mile of such corridors, or (3) the project shall lie within a designated Community Redevelopment Area and be consistent with the design ideals that encourage pedestrian environments with enhanced public access to city waterways; provided however, that upon adoption of a Community Redevelopment Plan by the city, a project shall also be required to be consistent with the adopted Community Redevelopment Plan. (C) Permitted uses. (1) Commercial uses (a) Retail. (b) Office. (c) Personal service. (d) Restaurants. (2) Residential uses. (a) Multi-family uses above the first floor of a commercial establishment. (b) Free standing multi-family uses. (D) Prohibited uses. Animal boarding kennel; auction houses; boat and marine motor sales an service; building supplies; carpet, rug and rag cleaning; contractors' office; day labor center; dry cleaning plant; engraver; fertilizer store; fishing supplies--live bait; funeral home; millwork; propane gas sales; pumps and wells; second hand stores; towing service; upholstery shop and water treatment, pool equipment supplies, stand alone automobile oriented uses including but not limited to large surface parking lots, gas stations,auto repair, car washes, automobile dealers and drive through facilities (either principal or accessory) are prohibited. (E) Densities and intensities. (1) A base density of ten dwelling units per gross acre shall be established. Increased density may be earned through incentives. (2) A maximum floor area ratio of 2.0 is established for commercial uses. (3) The maximum allowable density shall not exceed thirty (30) dwelling units per gross acre. (F) Site characteristics.

11 Sec B-1: Community Business District. (A) Purpose. The B-1: Community Business District is intended primarily to meet the shopping and limited service needs of several neighborhoods. Retail stores are intended to include convenience, fashion and durable goods. The B-1 District may be located along traffic arteries or in concentrated shopping centers. A site plan is required in accordance with article XII. (B) Uses permitted. (1) Uses as specified for this district in the master business list. (2) Limitation of permitted uses: All activities of permitted uses, including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building, except for: (a) Automobile parking lots. (b) Boat retail sales subject to approval as a conditional use. (c) Drive-in banks. (d) Gasoline service stations, subject to approval as a conditional use and the provisions of section (e) Golf driving range. (f) Plant nursery enclosed by an obscuring fence. (g) Outdoor restaurants, as an accessory use to an enclosed restaurant. (h) Drive-in restaurants subject to approval as a conditional use. (3) All products produced by a permitted use shall be sold at retail on the premises. (C) Building site area. Minimum of one hundred (100) feet in width and one hundred twenty-five (125) feet in depth except for those lots platted prior to December 29, (D) Building site coverage and green space. Minimum of twenty-five (25) percent of the site shall be landscaped or pervious. (E) Residential density. Maximum of twenty-five (25) dwelling units per acre in accordance with sections 24-41(D)(2), Master Business List and 24-72, Reserve Units. (F) Setbacks and bufferyards. Except for driveways, sidewalks and rear yards, all setbacks shall be landscaped and pervious. (1) Front: (a) Minimum of twenty-five (25) feet if three hundred (300) feet or more in depth. Minimum of ten (10) feet if less than three hundred (300) feet in depth. (b) Where a residential district is located across the street, a twenty-five-foot setback shall be required with ten (10) feet landscaped unless the parcel is more than three hundred (300) feet in depth in which case the entire setback shall be landscaped. (c) No fence or wall shall be located closer than ten (10) feet from the right-of-way line and no hedge or tree less than seven (7) feet. (2) Side: Fifteen (15) feet where B-1 District directly abuts a residential district. (3) Corner: (a) In addition to the front setback as specified, side setback of at least ten (10) feet abutting on the side street, alley or waterway. (b) Where a residential district is located across the street, a twenty-five-foot setback shall be required, the first ten (10) feet of which shall be landscaped. (c) No fence, wall, hedge, tree, structure or parking space shall be erected or allowed to obstruct vision within thirty-foot clear sight triangle at the corner of the property.

12 (4) Rear: Fifteen (15) feet where a B-1 District is separated by an alley or waterway from a residential district or where a B-1 District abuts a residential district. (G) Building height limit. (1) Maximum height of one hundred (100) feet. (2) Any building over fifty (50) feet; (a) The front yard setback must be at least one-half ( 1/2) of building height; side and rear setbacks must be at least one-third ( 1/3) of building height; in no case less than (F) above. (b) Where the building site is adjacent to a residential district, the setback shall be at least the height of the building. (H) Other regulations. See also articles V (Supplemental Regulations), VI (Parking), VIII (Landscaping) and XI (Signs). (Ord. No. O-90-21, 10, ; Ord. No. O-91-3, 2, )

13 Sec B-1: Community Business District. (A) Purpose. The B-1: Community Business District is intended primarily to meet the shopping and limited service needs of several neighborhoods. Retail stores are intended to include convenience, fashion and durable goods. The B-1 District may be located along traffic arteries or in concentrated shopping centers. A site plan is required in accordance with article XII. (B) Uses permitted. (1) Uses as specified for this district in the master business list. (2) Limitation of permitted uses: All activities of permitted uses, including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building, except for: (a) Automobile parking lots. (b) Boat retail sales subject to approval as a conditional use. (c) Drive-in banks. (d) Gasoline service stations, subject to approval as a conditional use and the provisions of section (e) Golf driving range. (f) Plant nursery enclosed by an obscuring fence. (g) Outdoor restaurants, as an accessory use to an enclosed restaurant. (h) Drive-in restaurants subject to approval as a conditional use. (3) All products produced by a permitted use shall be sold at retail on the premises. (C) Building site area. Minimum of one hundred (100) feet in width and one hundred twenty-five (125) feet in depth except for those lots platted prior to December 29, (D) Building site coverage and green space. Minimum of twenty-five (25) percent of the site shall be landscaped or pervious. (E) Residential density. Maximum of twenty-five (25) dwelling units per acre in accordance with sections 24-41(D)(2), Master Business List and 24-72, Reserve Units. (F) Setbacks and bufferyards. Except for driveways, sidewalks and rear yards, all setbacks shall be landscaped and pervious. (1) Front: (a) Minimum of twenty-five (25) feet if three hundred (300) feet or more in depth. Minimum of ten (10) feet if less than three hundred (300) feet in depth. (b) Where a residential district is located across the street, a twenty-five-foot setback shall be required with ten (10) feet landscaped unless the parcel is more than three hundred (300) feet in depth in which case the entire setback shall be landscaped. (c) No fence or wall shall be located closer than ten (10) feet from the right-of-way line and no hedge or tree less than seven (7) feet. (2) Side: Fifteen (15) feet where B-1 District directly abuts a residential district. (3) Corner: (a) In addition to the front setback as specified, side setback of at least ten (10) feet abutting on the side street, alley or waterway. (b) Where a residential district is located across the street, a twenty-five-foot setback shall be required, the first ten (10) feet of which shall be landscaped. (c) No fence, wall, hedge, tree, structure or parking space shall be erected or allowed to obstruct vision within thirty-foot clear sight triangle at the corner of the property.

14 (4) Rear: Fifteen (15) feet where a B-1 District is separated by an alley or waterway from a residential district or where a B-1 District abuts a residential district. (G) Building height limit. (1) Maximum height of one hundred (100) feet. (2) Any building over fifty (50) feet; (a) The front yard setback must be at least one-half ( 1/2) of building height; side and rear setbacks must be at least one-third ( 1/3) of building height; in no case less than (F) above. (b) Where the building site is adjacent to a residential district, the setback shall be at least the height of the building. (H) Other regulations. See also articles V (Supplemental Regulations), VI (Parking), VIII (Landscaping) and XI (Signs). (Ord. No. O-90-21, 10, ; Ord. No. O-91-3, 2, )