§ 118-1402. Boundaries of the commercial corridor.

The commercial corridor consists of those parcels within the city limits located within 350 feet of the centerline of State Road 50. The boundaries of the commercial corridor are graphically depicted on the commercial corridor map, attached hereto as Exhibit "A" and incorporated herein by this reference. Parcels located within the aforedescribed commercial corridor shall be subject to the provisions in this article, except as otherwise provided herein.

Where uncertainty exists with respect to the boundaries of the commercial corridor as shown on the commercial corridor map, the following shall apply:

(1)

The boundaries for the West State Road 50 Overlay area extend 350 feet from the centerline of West State Road 50 and includes all parcels in the 350 foot distance. In addition, any parcel of land which is located within the 350 foot area that also has a portion of the entire parcel outside the 350 foot area but is part of the same parcel of land, shall be included within the commercial corridor as if the parcel was wholly situated within the stated corridor width and is also zoned C-2 or PCD. Single use residential zoned parcels are not included in the West State Road 50 Overlay Zone.

Parcels which are subsequently annexed into the city and are within the 350 foot distance requirement from the centerline of West State Road 50 and a portion of the entire parcel outside the 350 foot area but is part of the same parcel of land, shall be included within the commercial corridor as if the parcel was wholly situated within the stated corridor width shall be made part of the West State Road 50 Overlay as a part of the city approving annexation of the parcel and subject to the provisions as outlined in section 118-1403(3).

(2)

Notwithstanding subsection (1) above, any parcel adjacent to State Road 50 or which has direct access to or from State Road 50 shall be included within the commercial corridor. Furthermore, notwithstanding subsection (1) above, any parcel, deriving in whole or in part from a parcel to which these commercial corridor standards and regulations apply as of the effective date of this article, shall also be subject to this article. Adjoining parcels created by subdividing a larger parcel shall be required to conform to these standards and regulations.

(Ord. No. 03-30, § 2, 9-17-03; Ord. No. 10-08, § 2(Exh. A), 7-8-10)