§ 28-977. Permitted uses.

No building, structure, or part thereof shall be erected, altered or used, nor shall the premises be used in whole or in part in LIRP districts for other than 1 or more of the following specified uses: research uses or light industrial uses, office uses, uses and activities incidental and accessory thereto, and other uses specified below:

(a)

Research uses shall include theoretical and applied research in all the sciences, product development and testing, engineering development and marketing development.

(b)

Light industrial uses shall include manufacture, fabricating, processing, converting, altering and assembling, and testing of products, provided that no such uses shall:

1.

Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light beyond the boundaries of the lot on which the use is conducted; menace by reason of fire, explosion, radiation or other physical hazards; harmful discharge of waste materials; or unusual traffic hazards or congestion due to type or amount of vehicles required by or attached to the use. The performance standards for this paragraph shall be those set forth in section 28-1328.

2.

Be dangerous to the comfort, peace, enjoyment, health or safety of the community or the abutting areas or tend to their disturbance or annoyance.

3.

Be inconsistent with the appropriate and orderly development of the City and adjacent areas.

(c)

Office uses that contribute to sustaining the LIRP district as a viable zoning district, encourage a mix of uses and are consistent with the comprehensive plan future land use map category of IL (Light Industrial) and PM (Planned Mobility) as follows:

1.

Office uses related to scientific or industrial research, product development and testing, engineering development and marketing development;

2.

Corporate offices providing, however, that they do not provide services or uses to the general public on premises;

3.

General offices, contingent upon compliance with the following procedures and standards:

a.

Such uses do not include medical offices;

b.

Such uses are limited to 33 percent of the gross floor area available for lease in any structure; and

c.

The building containing general office uses must:

(i)

Have received a certificate of occupancy after September 1, 2004: or

(ii)

Have received a certificate of occupancy for reconstruction or refurbishment after September 1, 2004 (the entire building not just the portion proposed for general office use) to substantially improve the appraised value, site design and appearance of the lot and structure. For purposes hereof, reconstruction or refurbishment shall be satisfied by building improvements (including any and all tenant improvements) with verified costs equal to at least 25 percent of the appraised value of the building (appraised value of the improvements only, not including land) based on a valuation date prior to, but no more than six (6) months before the commencement of reconstruction or refurbishment; and

(iii)

Provide, at a minimum, 5,000 square feet of general office use,

d.

The general office users shall participate in the city's transit programs, including but not limited to the payment of an annual fee, and must comply, at a minimum, with the city's transportation demand management program in accordance with section 23-243 through 23-250 of the city's Code of Ordinances. By electing to include general office uses within any site as permitted herein, the owner has agreed to comply with the city's transportation demand management and transit contribution requirements, as amended from time to time, in furtherance of the mobility goals of the comprehensive plan. Failure to make such payments will be deemed a violation of the city's Code of Ordinances, the right hereunder to use general office use, and shall be enforceable by any and all available remedies.

e.

General office use shall not be commenced or continued unless and until the city manager or designee has reviewed the proposed general office use to confirm satisfaction of compliance with the city's transit programs, satisfaction of parking requirements in accordance with section 28-1655 of the city's Code of Ordinances, traffic impacts in accordance with section 23-35 of the city's Code of Ordinances, and compliance with the provisions of chapter 8, article III, Code of Ordinances relating to certificates of use. If a modification to an approved site plan is necessary to accommodate the proposed general office use, the site shall be referred to the planning and zoning board or other appropriate governing body for consideration of an amendment to the applicable development order.

4.

Other office uses, including support services, as well as uses which are accessory to and compatible with LIRP uses. Support services for the purposes of this zoning district shall be defined as companies which supply services utilized wholly by other companies located in the industrial zoning districts. These include clerical service companies, office equipment maintenance services, janitorial services, corporate travel agencies, corporate credit unions, corporate training facilities, and other similar uses.

(d)

Permitted incidental and accessory uses shall include offices, salesrooms for the wholesale distribution of items manufactured on the premises, garages for storage and maintenance of company motor vehicles and for storage of gasoline and lubricating oils needed for operation of these vehicles and for the maintenance of the company's plant and machinery located therein; parking facilities; maintenance and utility shops for the upkeep and repair of buildings and structures on the site and equipment used on the site; central heating and power plants for furnishing heat and energy to structures on the site; facilities for water, drainage, sewerage, fire protection, electrical, telephone, and other utilities; educational facilities for training and study; storage buildings, helistops and heliports, as herein defined, subject to the provisions of section 28-1451 et seq.; communications facilities including antenna masts; clinics; cafeterias; recreational facilities; custodians and caretakers; data processing facilities; and employee credit unions.

(e)

Child care and adult care centers subject to provisions of section 28-1416 et seq.

(f)

The production, assembly, manufacture or the distribution of original works of art, including, but not limited to, a room or series of rooms devoted exclusively to the display of original works of art which are available for purchase.

(g)

Personal services provided to the employees located in the industrial zoning district so long as the aggregate square footage of such permitted uses shall not exceed 20 percent of the gross floor area available for lease in any structure which uses shall include drug stores, florists, newsstands, retail shops, laundry and garment services, beauty and barber shops, automated teller machines, cafeterias, restaurants, and such other similar uses. Said uses shall not have access except through the main entryways and shall not be provided with any exterior building sign other than directory identification as is provided for other tenants of the structure.

(h)

Sharing of corporate-owned facilities shall be permitted provided the company with which the facility is to be shared is located within the LIRP zoning district. The facilities to be shared include those permitted in section 28-977(d).

(i)

Gas stations provided they are not located within 1,000 feet as measured from property line to property line in any direction from a parcel of property which is used for residential purposes nor within 2,000 feet as measured from property line to property line in any direction from a parcel occupied by another gas station and that no more than one station will be permitted at any one intersection, and they shall further be subject to the criteria set forth in section 28-1387.

(j)

Telecom web-hosting facilities.

(k)

Production studios for cinema, television, video and radio; sound stages; and accessory post production facilities, including, without limitation, facilities for the distribution of materials produced in said studios, sound stages, or facilities. No portion of any production studio, sound stage, or related facility shall be designed or used to allow for an audience or an observation area regardless of whether audience or observer attendance is free or for consideration.

(l)

Banks including freestanding banks and banks with drive-throughs.

(m)

Specialty storage; provided that (i) there shall be no more than 500,000 square feet (which will be allocated on a first come first serve basis), in the aggregate, for such use within this zoning district, and (ii) no specialty storage shall be located within a radius of 1,500 feet of another specialty storage. Specialty storage shall not include, either as a main or accessory use, the storage of motor vehicles. The parking rate specified in section 28-1655 for "self-service storage facilities" shall be applicable to specialty storage.

(Ord. No. 1594, § 1, 9-14-71; Ord. No. 1668, § 11, 6-13-72; Ord. No. 1746, § 1, 11-14-72; Ord. No. 2446, § 1, 4-18-78; Ord. No. 2708, § 3, 1-22-80; Ord. No. 2685, § 1, 3-25-80; Ord. No. 2745, § 1, 3-25-80; Ord. No. 2726, § 5, 4-22-80; Ord. No. 3203, § 1, 6-14-83; Ord. No. 3278, § 1, 4-24-84; Ord. No. 3633, § 1, 9-22-87; Ord. No. 3699, § 1, 6-28-88; Ord. No. 3705, § 17, 7-26-88; Ord. No. 3739, § 1, 11-7-88; Ord. No. 3964, § 1, 10-21-91; Ord. No. 4162, § 3, 7-12-94; Ord. No. 4290, § 20, 10-29-96; Ord. No. 4540, § 1, 9-14-00; Ord. No. 4573, § 8, 4-10-01; Ord. No. 4871, § 1, 5-24-05; Ord. No. 4998, § 1, 9-25-07; Ord. No. 5077, § 1, 4-28-09; Ord. No. 5226, § 1, 12-11-12; Ord. No. 5377, § 2, 2-28-17)