CHAPTER 7 LAND USE ZONING DISTRICTS COMMERCIAL DISTRICTS

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1 ART: ARTICLE 3 ART : urpose : urpose and Specific Requirements of Individual Zones : ermitted, Conditional and Accessory Uses : Development Standards : Additional Standards for Specific Land Uses : urpose: The purposes of this art are to: A. rovide appropriate areas for commercial retail, service, and office uses required by the residents of the City in a manner which is consistent with the Comprehensive lan. CHATER 7 LAND USE ZONING DISTRICTS COMMERCIAL DISTRICTS OR Office Residential OC Office Complex BC lanned Business Center C-5 Intermediate Business C-6 General Business : urpose and Specific Requirements ofindividual Zones: A. OR - Office Residential: The Office- Residential or OR zone is a transitional zone district which allows a variety of residential unit types and offices. The zone is directed to smaller office sites which need a careful evaluation of use to use compatibility such that the stability and value of the surrounding neighborhood is best protected. B. rovide adequate space for commercial uses and their accompanying activities including off-street parking, loading areas, pedestrian circulation, landscaping, and accessory uses. C. Ensure compatibility with adjacent land uses and eliminate excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences. D. Minimize traffic congestion and the overloading of utilities. E. rovide areas for employment opportunities and commercial services for existing and future residents of the City and nearby areas. F. rovide for land uses which meet the need of and attract regional populations in addition to the residents. G. The commercial districts are: A development plan which conforms to this Zoning Code is required at the time of the establishment of an Office-Residential zone district. Emphasis in the development plan review will be placed on the compatibility of the development to the immediate surrounding property. Critical aspects of the plan include, but are not limited to siting of the building, screening, landscaping and internal traffic movement. All development in an Office-Residential zone shall be in conformance with the approved development plan. Uses allowed in this zone are listed in the table following The development standards are listed in the table following Uses which are subject to additional standards are listed and described in of this Zoning Code. B. OC - Office Complex: The Office Complex or OC zone is designed to accommodate various types of office uses performing administrative, professional and personal services. These are typically small office buildings developed in a cluster with an internal traffic system or one larger office

2 building with considerable landscaping. This type of development can serve as a transitional use between more intensive uses of land such as major thoroughfares and/or commercial districts and the less intensive uses of land such as low density residential. The application to establish an Office Complex zone district shall include a concept statement which describes the applicant's intent, general uses, access, range of square footage, free-standing buildings or one or more larger buildings and how the property will relate to the surrounding properties and a concept plan which conforms to this Zoning Code. Before building permits may be issued, a development plan which conforms to this Zoning Code must be approved. All development in an Office Complex zone shall be in conformance with the approved development plan. Uses allowed in this zone are listed in the table following The development standards are listed in the table following Uses which are subject to additional standards are listed and described in of this Zoning Code. C. BC - lanned Business Center: The lanned Business Center or BC zone district is designed to accommodate commercial uses that serve an adjoining neighborhood or neighborhoods and to preserve and enhance areas with a range of retail sales and service establishments for both short and long term needs. The lanned Business Center will provide ease of vehicular circulation and a compatible relationship to surrounding properties through an overall planning approach and evaluation of the site. 1. Establishment of a BC Zone District: The zone may be established on any tract of land which is held in single ownership or is under unified control and meets the criteria and requirements of this art. Should ownership or control become diversified after the zone district is established, these regulations and the conditions approved at the time of zoning shall continue to apply to the whole BC district as a unit. The application for the establishment of a BC zone district shall include a concept plan which conforms to this Zoning Code and a concept statement which describes the applicant's intent, general uses, access, range of square footage, free-standing buildings or one or more larger buildings and how the property will relate to the surrounding properties. The review of the application will be based on the following criteria and the concept plan review criteria and zone change requirements listed in this Zoning Code. a. The proposed BC zone district shall conform to the purpose of this zone and the purpose of this Zoning Code; b. When considered in relation to the surrounding area and adjacent zoning, the proposed zone district will not create strip commercial zoning; c. The location of the proposed BC zone must have a reasonable relationship to the established major traffic thoroughfare plan of the City, have direct access to a public right-ofway, and will not overload nearby traffic thoroughfares or street intersections. Reports from the Traffic Engineer shall be the best evidence of the existence or nonexistence of such overload; and, d. The proposed BC will not overload existing or planned utility lines or drainage ways. Reports from Colorado Springs Utilities and the City Engineer shall be the best evidence of the existence or nonexistence of such overload. 2. Development lan: Before building permits may be issued, a development plan which conforms to this Zoning Code must be approved. Diversification of ownership shall not be considered a valid basis or justification for a variance or an

3 amendment to a previously approved development plan. All development in a BC shall be in conformance with the approved development plan. 3. Uses and Development Standards: Uses allowed in this zone are listed in the table following and are subject to the conditions listed below. Uses which are subject to additional standards are listed and described in The development standards are listed in the table following All of the uses within the BC zone shall be conducted within enclosed buildings except as otherwise indicated in this art. D. C-5 - Intermediate Business: This zone district provides for general commercial uses that are of moderate intensity. The emphasis of the zone is placed on individual sites which in some cases will be located near established residential zoning. An application to establish a C-5 zone district shall conform to criteria and procedures in this Zoning Code. The application to establish a C-5 zone district shall include a concept statement or concept plan which describes the applicant s intent, general uses, access, range of square footage, free-standing buildings or one or more larger buildings and how the property will relate to the surrounding properties. Before building permits may be issued, a minor development plan must be approved if any of the following conditions exist: 1. New construction is proposed for an existing commercial development. Said new construction exceeds the existing gross floor area of the building existing as of Sepember 12, 1995 by 50% or more; 2. The development involves the conversion of vacant land into a commercial or industrial use which does not involve the construction of any buildings, i.e., contractors storage yard, parking lot or recreational vehicle storage lot; 3. Conversion of a residential structure located within a commercial zone into a commercial use. A minor development plan shall not be required for one single family dwelling or one two-family dwelling on a platted lot. (Ord ) Uses allowed in this zone are listed in the table following The development standards are listed in the table following Uses which are subject to additional standards are listed and described in of this Zoning Code. E. C-6 - General Business: This zone district provides for general commercial uses that are typically high volume traffic generators and are generally dependent on more than the immediate neighborhood for their market area. The application to establish a C-6 zone district shall include a concept statement or concept plan which describes the applicant s intent, general uses, access, range of square footage, free-standing buildings or one or more larger buildings and how the property will relate to the surrounding properties. Before building permits may be issued, a minor development plan must be approved if any of the following conditions exist: 1. New construction is proposed for an existing commercial development. Said new construction exceeds the existing gross floor area of the building existing as of Sepember 12, 1995 by 50% or more; 2. The development involves the conversion of vacant land into a commercial or industrial use which does not involve the construction of any buildings, i.e., contractors storage yard, parking lot or recreational vehicle storage lot;

4 3. Conversion of a residential structure located within a commercial zone into a commercial use. A conditional use shall be required for additions to existing residential uses or construction of new residential uses within the C-6 zone. (Ord ). Uses allowed in this zone are listed in the tables following The development standards are listed in the table following Uses which are subject to additional standards are listed and described in of this Zoning Code : ermitted, Conditional, Accessory Uses: The following table designates uses allowed in the Agricultural, Commercial, Industrial, and Special urpose districts. rincipal permitted uses are shown as, conditional uses are shown as C and accessory uses are shown as A. The use and development of an individual site are subject to the standards of its determined zone, the applicable landscaping, parking, sign, and general site development standards listed in this Zoning Code. Uses not listed in the table may be allowed as rincipal ermitted, Conditional and Accessory uses in any district where similar uses are allowed in conformance with this Zoning Code. The description of land use types listed in Article 2, art 3 of this Zoning Code shall be used to assist with the determination of land uses and categories.

5 ERMITTED AND CONDITIONAL USES AGRICULTURAL, OFFICE, COMMERCIAL, INDUSTRIAL AND SECIAL UROSE ZONE DISTRICTS A. Residential Use A OR OC BC C5 C6 I-1 I-2 M1 M2 F K CR AD Types Duplex on an individual lot C C C Dormitories C C C Human Service Establishment Human service facility C Hospice C Nursing Home C Youth Home C Human service home Human service residence Hospice Youth Home Family Care/Foster Adopt Home Human service shelter C C C C C C C Health Care Support C C C C C C C Facility Multi-family dwelling C C C C Apartment C C C C Condominium Townhouse C C C C Retirement home C C C Rooming house C C C Single Family Detached C C C Dwelling on individual lot Manufactured Home C C C B. Office Use Types Financial services General offices Medical offices, Labs and Clinics C. Commercial Use Types Agricultural sales and service C C C Automotive and Equipment Services Automotive rentals C C C C Automotive repair garage C Automotive sales C C C C Automotive storage yard Automotive wash C C C Auto Service Body and fender repair services Construction equipment C business Equipment rental and sales C 1 1 Ord

6 ERMITTED AND CONDITIONAL USES AGRICULTURAL, OFFICE, COMMERCIAL, INDUSTRIAL AND SECIAL UROSE ZONE DISTRICTS C. Commercial Use A OR OC BC C5 C6 I-1 I-2 M1 M2 F K CR AD Types Equipment repair services Equipment storage yard C C C C Bar C C Bed and breakfast inn C C C Building maintenance services C C Building Office Support C C C C C Services Business park C C C C C Campground C C Commercial center C C Communication services Construction sales and services Completely enclosed Includes outside activities Consumer convenience C C services Consumer repair services C C Exterminating services Food sales Specialty food sales C C General food sales C C Convenience food sales C C Funeral services C C C General retail C C Hotel/Motel C C Kennels C Laundry services (large scale activity) C C Liquor sales C C Mini-warehouses C C C Mixed commercial-residential C C C ersonal improvement services C C ersonal services; barber and C C beauty shops, photo studios, etc. et services C C harmacy A C C Recreation, commercial Indoor entertainment C C C C C Indoor sports and recreation C C C C C Outdoor entertainment C C C C Outdoor sports and recreation C C C C C C C ERMITTED, CONDITIONAL AND ACCESSORY USES AGRICULTURAL, OFFICE, COMMERCIAL, INDUSTRIAL AND SECIAL UROSE ZONE DISTRICTS C. Commercial Use A OR OC BC C5 C6 I-1 I-2 M1 M2 F K CR AD

7 Types Restaurants Drive-in or fast food C C C C C C Sit down - served at table C C C C Outdoor Seating C C C C Sexually Oriented Business Surplus sales C C Teen club/young Adult Club C C C C C Veterinary service (small animals) Completely enclosed C structure Some outside use allowed C Veterinary service (large animals) C D. Civic Use Types Administrative/Safety services Bus Benches, Shelters and Kiosks (See Article 3, art 2) Cemetery C Club (Membership, Social and 1 C C Recreational)) Crematory Cultural services C C C Day care services C C C C C C C C C Detention facilities/halfway Houses Detoxification center C C C C C Educational institutions Charter School C C C C C C College and university C C C C C C Non-public schools C C C C C C roprietary schools C C C C C C ublic schools C C C C C C Hospital C C C C C Maintenance and service facility C Medical Clinic 2 ublic assembly C C ublic ark and Recreation Religious institution C C C Semi-ublic Community C C C C C C C C C Recreation Social service center C Utility services 1 Ord Ord ERMITTED, CONDITIONAL AND ACCESSORY USES AGRICULTURAL, OFFICE, COMMERCIAL, INDUSTRIAL AND SECIAL UROSE ZONE DISTRICTS E. Industrial Use Types A OR OC BC C5 C6 I-1 I-2 M1 M2 F K CR AD

8 Construction batch plant Construction and/or Contractor yards Custom manufacturing Garbage service companies C C General Industry Light Heavy General Retail Services (accessory to principal use) Junk yard C Manufacturing Meat packing and related industry Mining Operations Open pit C Surface C Temporary surface & open C C C C C C C C C C C C C C pit Underground (activities C above) Underground (activities C C C C C C C C C C C C C C under) Research and development Scrap metals processing yard C Stockyards C Truck terminal Vehicle dismantling yard C Warehousing and distribution F. arking Use Types arking lot/surface parking rivate C C C C C ublic C C C C C arking structure rivate C C C C ublic C C C C G. Transportation Use Types Aviation facilities Railroad facilities Transportation terminal C C C C H. Agricultural Use Types Animal production C Commercial feedlots C Commercial Greenhouse C (grown on site) Crop production Stable, commercial Stables, private ERMITTED, CONDITIONAL AND ACCESSORY USES AGRICULTURAL, OFFICE, COMMERCIAL, INDUSTRIAL AND SECIAL UROSE ZONE DISTRICTS I. Miscellaneous Use Types A OR OC BC C5 C6 I-1 I-2 M1 M2 F K CR AD

9 Broadcasting tower C C C C C C C C C C C C C CMRS Facilities Free-standing Facility C C C C C C C C C C C Roof/Building Mount Roof/Building Mount which C C C C C C C C C C C C C exceeds height limit Stealth Free-standing Facility C Landfill (putrescible & nonputrescible) C : Development Standards The following table lists the development standards for the commercial, industrial, and special purpose districts. These standards include the minimum and maximum district size, minimum lot area, minimum lot width, maximum building height, minimum building setbacks, maximum lot coverage and landscaping setbacks. Other site development standards relating to items such as landscaping, parking, signs, fences, lighting, and preservation areas and exceptions relating to building height, lot area and width, and setback requirements are listed in this Zoning Code and apply to development in these zone districts. DEVELOMENT STANDARDS AGRICULTURAL, OFFICE, COMMERCIAL, INDUSTRIAL AND SECIAL UROSE ZONE DISTRICTS STANDARD OR OC BC C5 C6 I-1 I-2 M1 M2 F K CR AD Minimum District Size 10,000 sf 1 ac 10 ac 20 ac ac 1

10 Maximum Building Height Minimum Lot Area 5,000 sf 1 ac 7.5 ac Minimum Lot Width Minimum Setbacks 2 1 Front , , , Side , , , Rear , , , Adjacent to residential Maximum Lot 50% 40% 7 30% 7 40% Coverage Landscape Setbacks 1 Development standards are determined by the review of the concept or development plan at the time the zone is established. 2 All development activities and standards shall be determined by a master plan which shall be reviewed by the arks Board. 3 When adjacent to a residential zone, the setback will be the same as the residential zone. 4 Noted front setbacks applies only to property lines adjacent to public streets. Interior front setbacks for lots contained within unified retail or office developments shall be determined in conjunction with review of the development plan. 3 Noted side and rear setbacks applies only to the side and/or rear properties lines on the periphery of the development. Side and rear setbacks for lots contained within a unified office development shall be determined in conjunction with review of the development plan. 4 Minimum building and parking lot setbacks shall be determined by compliance with the landscape and parking requirements as listed in Artcle 4, art 2. For landscape setbacks, see Article 4, art 3. 5 OC and I zoned developments may utilize a platting configuration whereby the platted lot is sized to accomoodate only the proposed building if all of the required landscaping, parking, drive and manuevering areas are included in a commonly owned and mainted tract. In this case, the minimum lot area, minimum setbacks from the platted lot lines; and maximum lot coverage standards shall be determined in conjunction with the review of the development plan. However, all buildings most comply with the standard OC and I building setbacks as measured from the periphery of the project boundaries : Additional Standards for Specific Land Uses: Individual standards designed to mitigate impacts apply to many uses allowed in the Office, Commercial, Industrial, and Special urpose zone districts.. These standards are in addition to the evelopment Standards and the General Site Development Standards contained in this Zoning Code. For development standards for residential uses which are also allowed in the Office and Commercial zone districts, use the residential standards listed under the R-5 zone in the table in , and the descriptions in of this Zoning Code. A. Agricultural Sales/Nursery: Agricultural sales and nurseries are allowed in BC and C-5 zones as accessory uses. When conducted outside, they shall be contained within an opaque and screened area. B. Accessory Structures and Accessory Uses: Accessory structures are allowed in the following zone districts: OR, OC, BC, C-5, C-6, I-1, I-2, M-1, M-2, CR, AD and F. Residential accessory uses may be added to lots zoned C-5 or C-6 where the existing principal use is residential without requiring the approval of a conditional use. This provision shall not apply to any lot which contains a mixed residential/commercial use. Standards for other specific uses may be listed in this art. C. Accessory Retail Sales and Services: Retail sales and services are allowed in the I-1, I-2, M-1 and M-2 zone districts. They may be operated on the same lot and in conjunction with uses that are specifically allowed in a specific district. In the M-1 zone, retail sales must be conducted within the same building as the principal permitted use and shall not occupy more than 20% of the gross floor area of the principal building. In the I-1, I-2 and M-2 zones, retail sales

11 may be conducted outside the principal building, but the combined sales area of both inside and outside the principal building shall not occupy more than 30% of the gross floor area of the principal building. D. Automobile Service and Repair: This use requires the approval of a conditional use in the C-5 zone district which must conform to Article 5, art 7 of this Zoning Code. This use must meet the following conditions: 1. Body and fender work are not allowed; 2. All work is done within the building; 3. Outside storage of automotive parts or junk vehicles is prohibited; and, 4. The nearest point of the building in which the activity occurs is more than 100' from the boundary of a residential district measured in a straight line. E. Automobile Sales and Rentals: Automobile sales and rentals are allowed in the C-6 zone and conditional in the BC, C-5, M-1 and M-2 zones. Any lights used to illuminate an automobile sales and/or rental business shall be arranged to reflect light away from any public rights of way and away from any adjoining premises in a residential district. The use of flood lights, except those used for the protection of property, shall be used only until 10:00 p.m. at night. F. Construction Equipment: A Contractor Yard is allowed in the C-6, I-1, I-2, M-1 and M- 2 zone districts while a Construction Equipment Business is allowed only in the M- 2 zone and conditional in M-1. This use shall be entirely contained within a building or yard which is enclosed on all sides by a wall or solid type fence at least 6' in height. Such walls or fences shall be kept in good repair at all times. G. Dry Cleaning Establishment: Dry cleaning establishments are allowed in the OC, BC, C-5 and C-6 zone districts and a conditional use in M-1 and M-2 zone districts. They are limited to using only nonflammable materials and employing no more than 4 persons in addition to 1 owner-manager on the premises. H. Garbage Service Company: A garbage service company use is a conditional use in the M-1 and M-2 zone districts. The use shall be entirely contained within a building or yard which is enclosed on all sides by a wall or solid type fence at least 6' in height. Such walls or fences shall be kept in good repair at all times. I. Junk Yard: A junk yard is allowed in an M-2 zone district and a conditional use in the M-1 zone district. This term includes junk yards, scrap metal processing yards, and automobile storage yards and dismantling yards. The operation shall be carried on entirely within the building or yard which is enclosed on all sides by a wall or solid type fence at least 6' in height. Any salvage or other parts or any materials shall not be stored or kept in said yards at a level higher than the surrounding fence. Such yards shall be kept in good repair and be provided with appropriate maintenance at all times. J. Landfill: Landfills are a principal permitted use in the M-2 zone district and a conditional use within the M-1 zone district subject to approval of a Certificate of Designation by the Health Department and approval of a Grading lan by City lanning. K. Liquor Establishment: A liquor sales establishment is allowed in the BC, C-5 and C-6 zone districts and a conditional use within the M-1 and M-2 zone districts. On premise liquor establishments in the specified zone districts shall be located no closer than 200 from any residentially used or zoned property. The measurement shall be from the

12 property/lot line of the liquor establishment to the property/lot line of the residentially zone/used property. The distance requirement shall not apply if the residentially zoned property is separated from the property of the establishment by a major street as defined in the City's Subdivision Code or if the residentially zoned property is City owned. The distance requirement shall be measured as a straight line from property lot/line to property lot/line. The distance requirements of this subsection shall not apply to an on premises liquor establishment which is also a restaurant if the bar area does not constitute more than 35% of the floor area. L. Mining Operations: 1. Mining operations shall be allowed within the City as conditional uses only and shall be limited to the following zones and specifications: a. Open pit mining, surface and underground mining with activities above ground are a conditional use in the Agriculture zone; b. Temporary surface, open pit and underground mining with activities underground are a conditional use within the A, OR, OC, BC, C-5, C-6, I-1, I-2, M-1, M-2, CR, AD and F zone districts. 2. Application and Review Criteria. In order to establish mining operations as described above, a conditional use which provides additional information specified by the City and conforms to Article 5, art 7 of this Zoning Code must be approved, and the following criteria must be met: a. The property values of the land surrounding the conditional use will not be substantially reduced; b. The mode and quality of life in any area of the City will not be adversely affected by the proposed mining operation; c. The noise attributable to the mining operation will be in conformance with of the City Code; d. The dust attributable to the mining operation will be within State and Federal standards; e. The road and highway traffic attributable to the mining operation will not adversely affect the City traffic system by causing unreasonable congestion or excessive deterioration of such system; f. The mining operations will not cause or create adverse drainage and sewage problems; g. An underground mining operation will not unreasonably interfere with the present or anticipated surface used by causing subsidence, vibrations, or dust; h. The mining operation is in conformance with the Comprehensive lan of the City and the Master lan for Extraction of Commercial Mineral Deposits which was adopted July 1, 1975; and, i. The mining reclamation plan and time schedule are acceptable to the City. 3. Bond. If the conditional use is approved by the City Council, the mining operator shall post a bond with the City. The amount of the bond shall be set by the City and will be in an amount sufficient to

13 ensure carrying out the mining reclamation plan. 4. For use/storage/handling of explosives, contact the Colorado Springs Fire Department. All dynamite shot plans must be reviewed by the Colorado Springs Fire Department. M. Mixed Uses: In the OR zone district, an office - residential mixed use with only 1 office and 1 dwelling unit in the same structure is a principal permitted use. More than 1 office and/or more than 1 dwelling unit in the same structure requires a conditional use approval. In the OC zone, any office - residential mixed use is a principal permitted use. In the C-5 zone district, mixed residential - commercial uses are principal permitted uses. In the C-6 zone, a conditional use accompanied by a development plan is required for any residential - commercial mixed use. N. Outdoor Extension of Food Service: An outdoor food service extension is allowed in the BC zone district as an accessory use. O. Outdoor Storage: In the OR and OC zone districts, outdoor storage of any materials related to nonresidential uses is prohibited. In the C-5, C-6, and M-1 zone districts, outdoor storage is allowed as an accessory use if it is enclosed on all sides by a screening wall or solid fence which is at least 6 in height. In no event shall materials be stacked or stored to exceed the height of the screening fence or wall. Outdoor storage is allowed for automobile sales in conjunction with the approval of a development plan or conditional use for an automobile sales use. In the BC, I-1 and I-2 zone districts, outdoor storage of materials and supplies may be allowed as a result of development plan review only if it is enclosed on all sides by a screening wall or solid fence which is at least 6' in height. In no event shall materials be stacked or stored higher or to exceed the height of the screening wall or fence. Outdoor storage and display of new or used automobiles is allowed in the BC zone in conjunction with the approval of a conditional use for an automobile sales use.. harmacy: A pharmacy is allowed in the OR zone district if incidental to other medical or dental office(s) in the same building. Q. Recreational Vehicle Storage: Storage of recreational vehicles is a conditional use within the OC zone provided that all of the individual parking spaces for the vehicles are totally located within a large storage building. R. Residential Dwelling Units: Residential dwelling units where allowed in the OR, OC, BC, C-5, C-6 and M-1 zone districts, shall comply with the R-5 zone district standards. One and Two Family residential uses are rincipal ermitted uses within the OR, OC and C-5 zones. One and Two Family residential uses are Conditional Uses within the BC, C-6 and M-1 zones. Multifamily residential uses are rincipal ermitted Uses within the OC and C-5 zones. Multifamily residential uses are Conditional Uses within the OR, BC, C-6 and M-1 zones. See for additional information. The addition of a detached residential accessory structure complying with the development standards within this Zoning Code does not require approval of a conditional use. In the M-2 zone district, no new dwelling units or conversions of existing buildings to provide new dwelling units are permitted, except accessory buildings which are incidental to the use of the land. S. Truck Storage Yard: A truck storage yard is allowed in the M-2 zone district and a conditional use in the I-1, I-2 and M-1 zone districts. The use shall be entirely contained within a building or yard which is enclosed on all sides by a wall or solid type

14 fence at least 6' in height. Such walls or fences shall be kept in good repair at all times. T. Veterinary Clinics and Animal Hospitals: Veterinary clinics and animal hospitals are allowed in the OC, BC, C-5, C-6, M-1 and M-2 zone districts however, in the OC, BC, and C-5 zone districts, all activities must be conducted within a totally and permanently enclosed, soundproofed building and are restricted to small animal care with boarding of animals overnight only due to the animal s medical condition. U. Bus Stops: Bus stops are allowed in all of the commercial, industrial and special purpose zone districts. Except for the provisions listed in Article 4, art 4 of this Zoning Code, whenever benches, shelters or kiosks have been placed for the convenience of patrons either within or outside of the public rights-ofway under proper permit or authority of the City Council, the placement and location of such benches, kiosks or shelters shall be exempt from the provisions of this Zoning Code. (Ord )

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