By-right retail, service and commercial uses within the SD2 Special Development District are as follows:
(1) Animal-grooming shop
(2) Art gallery
(3) Assembly hall
(4) Automated teller machine not accessory to another use on the same zoning lot, which is stand-alone, without drive-up or drive-through facilities
(5) Bake shop, retail
(6) Bank without drive-up or drive-through facilities
(7) Banquet hall
(8) Barber or beauty shop
(9) Brewpub or microbrewery or small distillery or small winery
(10) Dry cleaning, laundry, or laundromat
(11) Establishment for the sale of beer or intoxicating liquor for consumption on the premises
(12) Medical or dental clinic, physical therapy clinic, or massage therapy clinic
(13) Mortuary or funeral home, including those containing a crematory
(14) Nail salon
(15) Office, business or professional
(16) Parking lots or parking areas, accessory, for operable private passenger vehicles, not farther than the maximum distance specified in ARTICLE XIV. DIVISION 1 of this Chapter
(17) Pet shop
(18) Printing or engraving shops not exceeding five thousand (5,000) square feet of gross floor area with a minimum of ten percent (10%) of the gross floor area being used as a retail store for the sale of the goods produced
(19) Radio or television station
(20) Recording studio or photo studio or video studio, no assembly hall
(21) Recreation, indoor commercial and health club, excluding golf dome
(22) Rental Hall
(23) Restaurant, carry-out or fast food, located in a multi-story building and integrated into a mixed-use or multi-tenant development, and without drive-up or drive-through facilities
(24) Restaurant, standard without drive-up or drive-through facilities
(25) Retail sales and personal service in business and professional offices
(26) Retail sales and personal service in multiple-residential structures, as provided for in Sec. 61-12-231 of this Code
(27) School or studio of dance, gymnastics, music, art, or cooking
(28) Shoe repair shop
(29) Stores of a generally recognized retail nature whose primary business is the sale of merchandise, without drive-up or drive-through facilities
(30) Theater, excluding concert café and drive-in theaters, not exceeding one hundred fifty (150) fixed seats
(31) Veterinary clinic for small animals
Amended by Ord. No. 20-19 (JCC 6/18/2019, Passed 7/16/2019, Approved 7/22/2019, Published 7/30/2019, Effective 8/7/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Other by-right uses within the SD2 Special Development District are as follows:
(1) Antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
(2) Farmers markets as defined in Article XVI, Division 2, Subdivision G, of this chapter.
(3) Marinas.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
Other conditional uses in the SD2 Special Development District, Mixed-Use are as follows:
(1) Designated consumption establishment.
(2) Marijuana microbusiness.
(3) Marijuana retail/provisioning facility.
(4) Marijuana safety compliance facility as provided for in Article III, Division 12, of this chapter.
(5) Passenger transportation terminal.
(6) Urban Gardens not exceeding 0.5 acres in size as provide for in Article XII, Division 3, Subdivision H, of this chapter.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019)
Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Development in the SD2 Special Development District is subject to Section 50-13-130 of this Code and as follows:
(1) Front Setback.
a. A minimum front setback is not required.
b. The maximum front setback allowed shall be the average of the front setback of the buildings located on each side of the subject building or 20 feet, whichever is less. Parking in front of a neighboring building does not count as a front setback.
c. Off-street parking shall be prohibited in the front setback.
(2) Rear Setback.
a. If a street or alley is to the rear of a single-story building, a minimum rear setback is not required. If no street or alley is present, single-story buildings shall have a minimum rear setback of ten feet.
b. Where a single- or two-family dwelling is located across a street or alley from the rear of a multi-story building, the multi-story buildings shall have a rear setback of ten feet; where a street or alley is not present to separate the rear of a multistory building from a single-or two-family dwelling, the multi-story building shall have a rear setback of 20 feet.
c. Buildings containing dwelling units, other than single-or two-family dwellings, shall have a rear setback of ten feet if a street or alley is present at the rear and 20 feet if a street or alley is not present.
(3) Side Setback. No minimum side setback is required except where building is adjacent to land zoned R1, R2, R3, or R4. Where adjacent to land zoned R1, R2, R3, or R4, the side setback shall be calculated using Formula A.
(4) Off-street parking location. Parking shall be prohibited between the street and front façade of the building.
(5) Maximum height. 45 feet for nonmixed-use, 60 feet for mixed-use. Where a lot fronts on a right-of-way which is more than 60 feet wide and where the outermost point of the proposed mixed-use building is at least 40 feet from all R1, R2, and R3 Districts, the maximum height may be increased one foot for each one foot of right-of-way width greater than 60 feet. The mixed-use building must not exceed 80 feet in height.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).