Agenda 12/08/2015 Item #16B 1n
12/8/2015 16. B.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (Board) acting as the Collier
County Community Redevelopment Agency authorize staff to process an amendment in
the 2015 Land Development Code Cycle 2 to amend LDC Section 2.03.07 G.5 Immokalee
Main Street Overlay Sub - District that will allow prohibitive uses to become eligible
conditional uses within the Immokalee Main Street Overlay Sub - District (MSOSD)
boundary to incentivize commercial development. .
OBJECTIVE: To obtain Collier County Community Redevelopment Agency (CRA) approval
to process a land development code amendment request that will allow prohibitive uses to
become eligible conditional uses within the Immokalee Main Street Overlay Sub - District
(MSOSD) boundary in the 2015 Land Development Code ( LDC) Cycle 2.
CONSIDERATIONS: Pursuant to CRA resolution 2001 -08, each "Local Redevelopment
Advisory Board" will consider and make recommendations to the CRA staff and the CRA
concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment
area work area and its implementation and any redevelopment projects proposed for the area of
operation of the Advisory Board. Staff. believes this request is consistent with, the Immokalee
Local Redevelopment Advisory Board's ( ILRAB) duty to review and comment on any
redevelopment projects proposed. By unanimous vote on August 19, 2015, the ILRAB approved
the submittal of an LDC amendment application to alter the existing overlay boundary of the
Immokalee MSOSD and thereby seek relief from prohibited uses identified in LDC section
2.03.07 G.5 to incentivize commercial development.
On September 30, 2015, CRA's staff filed an "Application for Amendment to the Land
Development Code" with the required filing fee. The application was timely filed prior to
October 1, 2015, the privately initiated amendment deadline for 2015 LDC Cycle 2.
On November 18, 2015, the ILRAB reconsidered their initial LDC amendment application and
unanimously voted to instead seek relief from prohibitive uses through the conditional use
process rather than alter the MSOSD geographic boundary.
FISCAL IMPACT: The $3,000 application fee associated with the application for amendment
has been paid by CRA Fund 186.
GROWTH MANAGEMENT IMPACT: As part of the LDC review, the LDC amendment will
be reviewed for consistency with the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a.
majority vote for Board approval —HFAC
RECOMMENDATION: That the CRA authorizes Growth Management staff to process the
draft LDC amendment request in the 2015 Land Development Code Amendment -Cycle 2 for
n additional modifications and public vetting.
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12/8/2015163.1.
Prepared By: Bradley Muckel, Collier County Community Redevelopment Agency (CRA) —
Immokalee and Richard Henderlong, Principal Planner, Development Review Division, Growth
Management Department
Attachment:
1) Draft Land Development Code Amendment Request
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12/8/2015 163.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Recommendation that the Board of County Commissioners (Board) acting
as the Collier County Community Redevelopment Agency authorize staff to process an
amendment in the 2015 Land Development Code Cycle 2 to amend LDC Section 2.03.07 G.5
Immokalee Main Street Overlay Sub - District.
Meeting Date: 12/8/2015
Prepared By
Name: HenderlongRichard
Title: Planner, Principal, Development Review
11/9/2015 9:58:20 AM
Submitted by
Title: Planner, Principal, Development Review
Name: HenderlongRichard
11/9/2015 9:58:21 AM
Approved By
Name: MuckelBradley
Title: CRA Operations Manager, Immokalee County Redevelopment Agency
Date: 11/9/2015 1:09:04 PM
Name: BosiMichael
Title: Division Director - Planning and Zoning, Zoning
Date: 11/10/2015 1:56:31 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:35:24 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:37:40 PM
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12/8/2015 16. B.1.
Name: McLeanMatthew
Title: Project Manager, Principal, Development Review
Date: 11/12/2015 11:04:24 AM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 11/17/2015 11:25:28 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/18/2015 4:30:40 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 11/23/2015 4:59:47 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/24/2015 8:46:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/24/2015 9:40:22 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/24/2015 11:09:00 AM
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Land Development Code Amendment Request
ORIGIN: Collier County Community Redevelopment Agency (CRA) - Immokalee
AUTHOR: Bradley Muckel, Immokalee CRA
DIVISION: Immokalee CRA
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 2
LDC SECTION(S): 2.03.07 G.5 Immokalee Main Street Overlay Sub - District (MSOSD)
CHANGE: To change prohibited commercial uses identified in section 2.03.07 G.5.c of the
Collier County Land Development Code (LDC) to conditional uses.
All other special provisions (permitted uses, accessory uses, conditional uses and special
requirements) identified in said LDC section will remain in effect for all properties within the
boundaries of the Immokalee Main Street Overlay Sub - District (IMSOSD). This amendment shall
have no effect on LDC section 4.02.32 - Specific Design Standards for the IMSOSD.
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REASON: The IMSOSD was originally codified into the Collier County Land Development Code
through the adoption of Ordinance No. 2000 -08. The primary goal of the overlay was to
"encourage development and redevelopment by enhancing and beautifying the downtown Main
Street area through flexible design and development standards
The IMSOSD prohibits a number of automotive support uses including convenience stores,
gasoline stations, oil/lube facilities, drive -thru operations, car wash businesses, automotive
dealerships and tire repair facilities. In August of 2015 a local business owner from within the
IMSOSD came to the monthly CRA Advisory Board meeting to explain that he has a potential
buyer interested in purchasing his parcel to demolish the existing liquor store drive -thru in order
to develop a gas station/convenience store operation. The buyer would not enter into a purchase
agreement until the property is removed from the IMSOSD boundary. In subsequent CRA
Advisory Board meetings CRA staff explained that the Advisory Board could either 1) strike
through certain prohibited uses for ALL properties within the existing boundaries of the IMSOSD
allowing for the gas station to be developed, 2) reduce the size of the MSOSD releasing the
contentious parcel from the overlay while preserving the Main Street corridor from First to Ninth
Streets as the downtown walking district, 3) relieve all properties outside of the Main Street
corridor from First to Ninth Streets from the list of prohibited uses identified in section 2.03.07
G.5.c of the Collier County Land Development Code (LDC) while preserving all special provisions
(permitted uses, accessory uses, conditional uses and special requirements) identified in said LDC
section for all properties within the boundaries of the IMSOSD, or 4) do nothing at all and let the
property owner pursue a legal remedy.
During the special Land Development Regulations Public Workshop of October 1, 2015 from 6 -8
PM, a second commercial property owner came forward to request his parcel be removed from the
MSOSD boundary so he too could broaden the uses of his commercial structure. Following the
workshop a third developer approached CRA staff to notify us that he was also interested in
purchasing a parcel of land within the IMSOSD to construct a car dealership, but the LDC prohibits
car dealerships within the IMOSD. The yellow highlighted area in the newly proposed map,
Exhibit A, releases all three parcels from the MSOSD prohibited uses.
Although the methodology behind this overlay is acceptable in bringing to fruition the long -term
goal of transforming the entire Downtown Immokalee Central Business District into a walking
district, under the direction of the CRA Local Advisory Board, CRA staff filed an initial request
to relieve all properties outside of the Main Street corridor from First to Ninth Streets from the list
of prohibited uses identified in section 2.03.07 G.5.c of the Collier County Land Development
Code (LDC) while preserving all other special provisions (permitted uses, accessory uses,
conditional uses and special requirements) identified in said LDC section for all properties within
the boundaries of the IMSOSD. It is the intent of the Local CRA Advisory Board to broaden the
list of allowable Standard Industrial Classification (SIC) codes to that of the underlying zoning for
properties within the highlighted areas of the map shown above and the permitted uses in the
MSOSD, thereby bolstering economic development and fostering job creation through the
resultant increased commercial occupancy rate for the commercial structures which will no longer
be bound by the list of prohibited SIC codes identified in the overlay provisions.
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At November 18th, 2015 Advisory Board meeting the County's Planning Commissioner Chairman
offered an additional alternative to revise the LDC amendment request to allow the list of
prohibitive uses to become eligible conditional uses By this provision on a case by case basis
the Advisory Board would provide additional public comment to a conceptual site development
plan and development standards such as excessive lighting, noise or the lack of adequate
landscape buffers during a public hearing. In addition as a conditional use a petitioner would be
required to give public due notice to adjoining land owners prior to holding a required public
neighbor information meeting.
Consequently, the Advisory Board unanimously pproved revising the LDC request for increased
commercial development potential by relieving all parcels within the Immokalee Main Street
Overlay Subdistrict highli from the list of prohibited uses in LDC section 2 03 07
G.5.c. The revised propose amendment would now allow these uses by conditional use permit and
after an applicant favorably demonstrates the development proposal will be in harmony with the
LDC, consistent with the GMP, not be injurious to the neighborhood or adjoining properties or
otherwise detrimental to the public welfare.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
at this time. An applicant's cost will be at the current fee schedule for conditional use permitting.
RELATED CODES OR REGULATIONS: LDC Section 2.03.07 G.5 Main Street; Overlay
Sub - district and Section 2.02.03 - Prohibited Uses
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP at
this time.
OTHER NOTES/VERSION DATE:
Prepared by Bradley Muckel, Immokalee Community Redevelopment Agency
Amend the LDC as follows:
1 2.03.07 Overlay Zoning Districts
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3 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District
4 with distinct subdistricts for the purpose of establishing development criteria suitable
5 for the unique land use needs of the Immokalee Community. The boundaries of the
6 Immokalee Urban Overlay District are delineated on the maps below.
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8 5. Main Street; Overlay Subdistrict Special conditions for the properties
9 identified in the Immokalee Area Master Plan; referenced on Map 7; and
10 further identified by the designation 11MSOSD" on the applicable official Collier
11 County Zoning Atlas Maps. The purpose of this designation is to encourage
12 development and redevelopment by enhancing and beautifying the downtown
13 Main Street area through flexible design and development standards.
14 a. Permitted uses. For all properties within the Main Street Overlay
15 Subdistrict, except for properties hatched as indicated on Map 7, the
16 Main Street Overlay Subdistrict, all permitted uses within the uses
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within the underlying zoning districts contained within this Subdistrict,
and the following uses may be permitted as of right in this Subdistrict:
1. Hotel and motels (7011)
2. Communication towers, as defined in section 5.05.09, subject to
the following:
L Such tower is an essential service use as defined by
subsection 2.01.03 A.4; and
ii. Such tower may not exceed a height of 75 feet above
grade including any antennas attached thereto.
Permitted uses. For hatched properties within the Main Street Overlay
Subdistrict, all permitted uses within the underlying zoning districts
contained within this Subdistrict, and the following uses are permitted
as of right in this Subdistrict:
1. All uses allowed in the Commercial Professional District (C -1),
of this Code, except for group 7521.
2. Communication towers, as defined in section 5.05.09 subject to
the following:
L Such tower is an essential service use as defined by
subsection 2.01.03 A.4; and
ii. Such tower may not exceed a height of 75 feet above
grade including any antennas attached thereto.
Prohibited uses. All uses prohibited within the underlying
residential and commercial zoning districts contained within this
Subdistrict, , shall be prohibited in the Main
Street Overlay Subdistrict
a. A.„te-mabile narLine /7571\ nn all nrenerties having frentane_on
NU +in Street Alerth F=;Fst Street Seth First Street and Aler+h dui
Street within the Main Street Gverlay S„hrdistrint
7 A„tnmetiye dealerr. /5511 5571 5531 inc�tallatien 5551_. -5551-
_. ,
5571, 5599) en all pFepeFties having fFentage en MR-OR ,
Al el: th Cire.t Street 9 9„th C, r.st Street and Al girth Q-tli Street ,Arithin
the Wain Street Oveltlay Subdi&*Gt.
3_Gase-lmcss ine statieRs /5511\ nn all properties having
fre a 9R Main, treeF and gaseline seniine.stetiens (554_1
with sep.4 --s and renaire. ae. rlesnriherl in sentien_6 05.05) are
nn all nrnperties having frentane on Alnrth First Street •and
Sn„th RPM- Street within the 11Aain Street /'horny Subdistrict
4. Sri"'rrtviai`.°sees such aarras vvrrvenienGe ntnren and nrnnen, Stares
are nrehihiterl from c eniininn and repairing „eh inlee in
etien ,kith the sale f gaseline en all nrnperties hating
frentage en Main Street Werth Cire.t Street South I=iFSt Street
;;Rd h1prth $th Street within the hAain Street QYerlay S„hrlie.triet+
Ca Auternative repair, Irking (7-514, 7515,7521) anr)
Gap„,ac.1 /7517\ nn all properties having frentage on Main
Street Alnrth Rrsst Street South First Street anrt Alerth_�4 CttFee_-
within the Main Street Qyerla„ Subdistrict
6 . Carlin and tele„isien repair shens (7-622 a„temetive) is
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nrehihited en all properties having frontage nn Main Street
,
AIh C'rst Street South First Swept and Alnrth Wh Street within
�- trarvtrccr- vwrrr-r�raa -vrree
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within any rent, side OF FeaF yaFd en all PF9peR,es nR iR the
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.
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8. Drive- thFiaugh aFeas shall .spited en all epehtes- having
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n to a ,n C +re lerth Cir vtFeet Ce„th First C4r 4
fr�nzag� -eta aNla;T,- QR�et- ,-,rst First
and Nel:th Wh R&ree+ }he kAein Cbreet /hardy C„h.dicatrint
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9. WaFeheuc ing (422 \
r col cl Ivslvu 19 �tcvT
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1v. tewern , as defined On fined- ieri r G5 of 09 +his
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Oede, exGept as etheF ire pel:mittedinthis C„hrlistrini
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41. And ether heavy r.9 ime rni.,l use whinh is nn bile OR RatUFe
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with the fereeine ustas and is deemed insane•, tent with Vhe
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in +en+ of thin C„heJin +rin+ shell he erehihi4erl
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d. Accessory uses.
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1. Uses and structures that are accessory and incidental to the
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permitted uses as of right in the underlying zoning districts
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contained within this subdistrict and are not otherwise prohibited
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by this subdistrict.
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2. Communication towers, as defined in section 5.05.09 subject to
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the following:
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i. Such tower is an essential service use as defined by
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subsection 2.01.03 AA.; and
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ii. Such tower may not exceed a height of 75 feet above
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grade including any antennas attached thereto.
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e. Conditional uses.
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1. Conditional uses of the underlying zoning districts contained
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within the subdistrict, subject to the standards and procedures
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established in section 10.08.00 and as set forth below:
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i. Local and suburban passenger transportation (4131,
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4173) located upon commercially zoned properties
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within the Main Street Overlay Subdistrict.
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ii. Communication towers, as defined in section 5.05.09 of
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this Code for essential service uses as defined by
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subsection 2.01.03 A.4 that exceed a height of 75 feet
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above grade including any antennas attached thereto.
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4 iii. Automobile parking (7521) on all properties having
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frontage on Main Street, North First Street, South
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First Street and North 9th Street within the Main
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Street Overlay Subdistrict.
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22-: iv. Automotive dealers (5511, 5521, 5531 installation,
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5551, 5561, 5571, 5599) on all properties having
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frontage on Main Street, North First Street, South
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First Street and North 9th Street within the Main
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Street Overlay Subdistrict.
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3-. v. Gasoline service stations (5541) on all properties
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having frontage on Main Street and gasoline
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service stations (5541 with services and repairs as
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described in section - 5.05.05) are on all properties
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having frontage on North First Street and South
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First Street within the Main Street Overlay
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Subdistrict.
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4. A. Primary uses such as convenience stores and
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grocery stores are prohibited from servicing and
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repairing vehicles in conjunction with the sale of
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gasoline, on all properties having frontage on Main
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Street, North First Street, South First Street and
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North 9th Street within the Main Street Overlay
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Subdistrict.
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a vii. Automotive repair, services, parkinq (7514, 7515,
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7521) and carwashes (7542) on all properties
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having frontage on Main Street, North First Street,
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South First Street and North 9th Street within the
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Main Street Overlay Subdistrict.
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6 viii Radio and television repair shops (7622
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automotive) is prohibited on all properties having
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frontage on Main Street, North First Street, South
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First Street and North 9th Street within the Main
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Street Overlay Subdistrict -
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7--. ix. Outdoor storage yards and outdoor storage are
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prohibited within any front, side or rear yard on all
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properties within the Main Street Overlay
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Subdistrict.
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9-. x. Drive - through areas shall be prohibited on all
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properties having frontage on Main Street, North
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First Street, South First Street and North 9th Street
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within the Main Street Overlay Subdistrict.
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8: xi. Warehousing (4225).
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40 xii. Communication towers, as defined in section
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5.05.09 of this Code, except as otherwise permitted
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in this Subdistrict.
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44-. xiii.Any other heavy commercial use which is
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comparable in nature with the forgoing uses and is
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deemed inconsistent with the intent of this
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Subdistrict shall be prohibited.
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f. Special requirements for outdoor display and sale of merchandise.
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i. Outdoor display and sale of merchandise, within the front and
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side yards on improved properties, are permitted subject to the
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following provisions:
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a) The outdoor display /sale of merchandise is limited to the
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sale of comparable merchandise sold on the premises
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and is indicated on the proprietors' occupational license.
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b) The outdoor display /sale of merchandise is permitted on
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improved commercially zoned properties and is subject
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to the submission of a site development plan that
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demonstrates that provisions will be made to adequately
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address the following:
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i) Vehicular and pedestrian traffic safety measures.
ii) Location of sale /display of merchandise in
relation to parking areas.
iii) Fire protection measures.
iv) Limited hours of operation from dawn until dusk.
Outdoor display and sale of merchandise within the sidewalk
area only shall be permitted in conjunction with "Main Street"
approved vendor carts, provided the applicant submits a site
development plan which demonstrates that provisions will be
made to adequately address the following:
a) Location of sale /display of merchandise in relation to
road rights -of -way;
b) Vendor carts are located on sidewalks that afford the
applicant a five (5) foot clearance for non - obstructed
pedestrian traffic; and
C) Limited hours of operation from dawn until dusk.
2.02.03 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use,
conditional use, or accessory use shall be prohibited in such zoning district.
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