§ 249.42.

INDIA BASIN INDUSTRIAL PARK SPECIAL USE DISTRICT

In order to provide continued enhancement and protection of certain retail, office, and social service uses in the India Basin Industrial Park area, and to generally retain setback requirements previously required under the India Basin Industrial Park Redevelopment Plan, there shall be an India Basin Industrial Park Special Use District, the boundaries of which are shown on Sectional Map 8SU and 10SU of the Zoning Map. The following provisions shall apply within this Special Use District:

a.

Parcels in close proximity to Third Street. Parcels numbers 5203/035, 5203/043, 5203/083, 5203/084, 5211/028-054, 5235/012, 5235/015, 5242/001, 5242/002, 5242/007 and 5242/031, are subject to the provisions of the PDR-2 District except as provided below:

1. Office Uses. Office uses within the meaning of Section 219 shall not be subject to the use size limits for office uses in the PDR-2 District set forth in Section 219 and the non-residential use size limits in the PDR-2 District set forth in Section 121.8, however, a new or expanded office use is not permitted if the total amount of office use on one of the parcels designated above would exceed 50,000 gross square feet.

2. Retail uses. Retail uses within the meaning of Section 218 shall not be subject to the use size limits for retail uses in the PDR-2 District set forth in Section 218 and the non-residential use size limits for the PDR-2 District set forth in Section 121.8, however, any individual new or expanded retail use that contains a gross floor area greater than 5,999 square feet shall require Conditional Use authorization pursuant to Section 303 and must comply with the criteria of Sections 121.2(a)(1) through (3).

3. Institutional uses. Social service facilities within the meaning of Section 217(d) shall not be subject to the use-size limit for the PDR-2 District set forth in Section 217(d). Child-care facilities within the meaning of Section 217(e) shall be principally permitted. Clinics primarily providing outpatient care in medical, psychiatric or other healing arts shall be principally permitted if the gross floor area of such facility is less than 7,000 square feet. Such clinics may be affiliated with a medical institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans. Clinics primarily providing outpatient care in medical, psychiatric or other healing art with a gross floor area equal to or greater than 7,000 square feet, whether or not affiliated with a medical institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans, shall require conditional use authorization pursuant to Section 303.

4. Off-Street Parking. The minimum off-street parking requirements set forth in Section 151 shall not apply. However, for the purpose of determining the maximum amount of parking allowed as an accessory use under Section 204.5, the amount of parking required by this Code shall be the amount set forth in Section 151.

b.

Front setbacks. All parcels within this Special Use District shall provide landscaped front setbacks at depths and along frontages identified in this Subsection. The intent is to maintain and reinforce existing landscaped front setbacks, including the landscaped berms, India Basin Industrial Park signs, and tree hedges. Such setbacks shall be completely and appropriately landscaped and shall remain unpaved and devoted to plant material, excepting reasonable space necessary for ingress and egress to properties. Except as set forth in this Subsection for corner properties, only those permitted obstructions identified in Section 132(f) shall be permitted within such front setback. Corner properties with frontage along more than one street identified below shall provide the required setback along all applicable frontages with two exceptions: (1) the required setback along each frontage may be reduced to the depth of the front setback of an existing building on an adjacent lot along the same frontage, provided that the adjacent building occupies at least half of the width of the adjacent lot, and (2) building elements may extend into portions of the required setback, resulting in an irregular setback, provided that the total area of the resulting setback along each frontage is at least equal to the total area of the setback that would otherwise be required. The required front setbacks are as follows:

1. Third Street, east side, north of Burke Avenue, 10 feet.

2. Third Street, east side, south of Burke Avenue, 15 feet.

3. Evans Avenue, north side, 15 feet.

4. Evans Avenue, south side between Third Street and Mendell Street, 15 feet.

5. Cargo Way, south side, 15 feet.

AMENDMENT HISTORY

History

(Added by Ord. 68-09, File No. 081561, App. 5/1/2009; amended by Ord. 141-09, File No. 090420, App. 7/2/2009; Ord. 26-12 , File No. 111078, App. 2/14/2012, Eff. 3/15/2012)

Divisions (a) and (a)3. amended; Ord. 26-12 , Eff. 3/15/2012.

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