Bell City Zoning Code
CHAPTER 17
36 C-M COMMERCIAL MANUFACTURING ZONE
§ 17.36.010 Purpose.
In order to provide for the development of heavy commercial-manufacturing areas, the regulations shall be applicable to all properties classified in zone C-M.
(Prior code § 9396)
§ 17.36.020 Permitted uses.
No person shall use or permit the use of any property zoned C-M except as herein provided:
A.
Principal Uses. Premises in the C-M zone may be used for the following principal uses:
1.
Any use listed in zone C-3;
2.
Manufacturing, compounding, assembly, packaging or treatment of articles or merchandise from any of the following materials:
Cellophane,
Cork,
Corrugated cardboard,
Feathers,
Fiber, including fiberglass,
Iron (not including foundries),
Metal, products of precious metals; steel and brass stamp, including hand and machine engraving; metal fabricating, spinning and storage,
Paper (not including the manufacture of paper itself),
Plastics and synthetics,
Pottery,
Rope,
Rubber (not including tire manufacturing),
Textiles,
Wire,
Wood (not including a planing mill),
Yarn;
3.
Manufacturing, compounding, assembling, processing, packaging or treatment which creates any of the following products:
Batteries,
Beds and bedsprings,
Brushes,
Candles,
Canvas,
Cigars,
Cigarettes,
Clocks,
Coffins,
Cosmetics,
Cutlery,
Drugs,
Dry goods,
Furs,
Furniture,
Gloves,
Hearing equipment,
Mattresses,
Motors (electric),
Musical instruments,
Phonograph records,
Rugs,
Shoes,
Soap (cold mix only),
Statuary,
Store and commercial fixtures,
Toys,
Type printers,
Venetian blinds,
Wearing apparel and garments;
4.
Warehousing, distribution and storage facilities;
5.
The following uses, provided a conditional use permit is first obtained:
Electronic or neon products,
Food products (except lards, pickles, sauerkraut, sausages or vinegar),
Foundries,
Paper manufacturing,
Planing mill,
Prefabricated buildings,
Tire manufacturing;
6.
Medical cannabis (wholesale) distributor, indoor cultivation, manufacturer, and testing laboratory, subject to:
a.
Only in the Cheli district,
b.
Issuance and continuing maintenance of a valid commercial cannabis operation permit pursuant to Chapter 5.88, and
B.
Accessory Uses. Property zoned C-M may be used for accessory uses, provided that such uses are incidental to, and do not substantially alter the character of, any permitted use, including but not limited to:
1.
Accessory uses, buildings or structures;
2.
Building materials, storage of, only when used in construction of a building or structure and then only during the construction and for 30 days thereafter, including the contractor's temporary office, provided that any such accessory use shall be located on the lot where the building project is taking place or on a lot abutting the construction site.
C.
Temporary Use Permits. Premises in the C-M zone may be utilized for activities for which a temporary use permit is required.
(Prior code § 9396.1; Ord. 1094 § 2, 1994; Ord. 1129, 1997; Ord. 1226 § 4, 2017)
§ 17.36.030 Limitations on permitted uses.
Every use in any C zone shall comply with the following:
A.
All uses shall be conducted within a completely enclosed building except for those uses which are customarily conducted in the open, such as the sale of cars, boats and recreational vehicles, as determined by the planning commission pursuant to Section 17.04.090 of this code.
B.
All outdoor storage permitted under subsection A of this section, shall be maintained in an area of a lot, approved by the director, completely enclosed by a view-obscuring fence or wall and paved with macadam or asphaltic pavement in accordance with adopted city standards therefor. Surfacing of such area shall be designated, constructed and maintained so as to dispose of all surface water.
C.
All outdoor sales permitted under subsection A of this section shall be limited to commodities sold at retail on the premises.
D.
Any commercial use which uses or produces hazardous materials, petroleum products, greases or oils shall be required to install and maintain an interceptor or clarifier and shall dispose of such hazardous materials, petroleum products, greases and oils only in accordance with applicable local, state and federal law. All pre-existing commercial uses not in compliance with this subsection shall be required to comply with this section within 90 days of the effective date of the ordinance enacting this provision.
(Prior code § 9396a; Ord. 1129, 1997)
§ 17.36.040 Development standards.
The following development standards shall be applicable to each use, building or structure located in zone C-M, except as hereinafter set forth:
B.
Yards. The following yard areas shall be required, and observed, on all C-M zoned properties:
1.
Front Yards. In the C-M zone every lot shall have and maintain front yards as follows:
a.
No building, wall, structure or fence may be located closer than 10 feet to the property line. Except as otherwise provided in this chapter, the space between the building, wall, structure, or fence and the property line shall be landscaped and permanently maintained, and not otherwise used.
b.
Where permitted driveways enter the front wall of a building, that portion of such front wall shall be located not less than 20 feet from the front lot line.
2.
Side Yards. In the C-M zone every lot shall have and maintain side yards as follows:
a.
Each lot classified in zone C-M which has a side lot line abutting any lot located in any of the R zones, shall have and maintain a side yard area of not less than 10 feet in width on the side adjoining such residentially zoned lot.
b.
Where a permitted driveway enters the side wall of a building, that portion of such side wall shall be located not less than 20 feet from the side lot line of the lot upon which located.
c.
On corner lots and reversed corner lots, a minimum 10 foot side yard shall be provided. Except as otherwise provided in this chapter, the space between the building, wall, structure, or fence and the property line shall be landscaped and permanently maintained, and not otherwise used.
3.
Rear Yards. Each lot in the C-M zone, the rear lot line of which separates the same from any lot located in any R zone, shall have and maintain a rear yard area not less than 10 feet in depth. Each C-M zoned lot, the lot line of which is separated from a residentially zoned lot by a public alley, shall maintain a rear yard not less than five feet in depth.
C.
Buildings.
1.
Height. No building or structure in the C-M zone shall exceed a height of 150 feet; provided that where a lot in the C-M zone has one or more common lot lines with a lot zoned R-1, located within 50 feet of such common lot line, shall exceed the maximum height permitted for buildings or structures in the R-1 zone.
2.
Building Bulk. Buildings, including accessory buildings and structures, may cover all of the area of any lot in the C-M zone, except for required yard areas, and areas required for off-street parking facilities.
D.
Off-Street Parking. Each lot in the C-M zone shall have and maintain off-street parking facilities as is required by Chapter 17.76 of this code.
E.
Loading. Each lot classified in the C-M zone shall have and maintain such loading facilities as may be required by Chapter 17.76 of this code.
F.
Required Walls. Each lot in the C-M zone, which has a common side or rear lot line with any R zoned property, shall have and maintain a solid masonry wall not less than six feet in height, in and along all such side and rear lot lines. Any such fence so required which is adjacent to the side of a required front yard area on the adjoining R zoned property, shall conform to the height regulations applicable to front yard areas in such R zoned property.
G.
Trash Facilities.
1.
Each lot in the C-M zone shall be provided with facilities for the storage and collection of trash as follows:
a.
All outside trash and garbage collection areas shall be enclosed by a view-obscuring wall or fence, not less than six feet in height, so that the contents thereof are not visible from any public street or adjacent R zoned property; except that such enclosures shall not be required if such trash and garbage is kept in substantial metal containers, with close-fitting lids.
b.
All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe and sanitary condition.
c.
All trash storage areas shall be located for convenient vehicular access for pickup and disposal.
2.
All existing uses, buildings and structures which do not comply with the provisions of this subsection as of the effective date of the ordinance codified in this section, shall so comply within 12 months after such effective date.
H.
Compressors, Motors, Etc.
1.
Each lot in the C-M zone which has, as an accessory to a permitted use, compressors, air conditioning units or similar machinery, located outside of the exterior walls of any building, shall comply with the following:
a.
All such mechanical equipment shall be enclosed within a permanent noncombustible enclosure subject to the approval of the building inspector and subject to all yard area regulations.
b.
All such mechanical equipment shall be maintained in a clean and proper condition to prevent a collection of litter and filth and to avoid the emission of unnecessary noise, dust or fumes.
2.
All existing uses, buildings and structures which do not comply with the provisions of this subsection as of the effective date of the ordinance codified in this section, shall so comply within 12 months after such effective date.
I.
Exceptions. Any use, building or structure which is in existence or for which a building permit has been issued, as of effective date of the ordinance codified in this section, and which, as of such date, conformed to all zoning regulations of the city then in effect, shall not be rendered nonconforming within the meaning of Chapter 17.100 of this code, solely by reason of the application of the development standards, as set forth in this section, thereto; provided that any such existing use, building or structure, in case of expansion or reconstruction, shall, as to that portion thereof, comply with the provisions of this section.
(Ord. 988; Ord. 1129, 1997; Ord. 1196 § 1, 2013)
§ 17.36.050 Site plan review.
Prior to submission of plans to the building department, for an application for a building permit for any building or structure in the C-M zone, the applicant shall comply with the provisions of Chapter 17.92 of this code with regard to site plans.
(Prior code § 9396.4; Ord. 1221 § 5, 2017)
§ 17.36.060 Exemption of existing uses.
Notwithstanding any provision of this title to the contrary, any building and/or structure located on any C-M zoned lot or for which building permits have been issued which: (1) was in existence or for which building permits have been issued as of the effective date of the ordinance codified in this section; and (2) conformed to the zoning regulations of the city in effect as of such date; and (3) would otherwise be rendered nonconforming solely by reason of the application thereto of Sections 17.36.040 and 17.36.050 of this chapter, shall not be deemed to have acquired a nonconforming status, within the meaning of Section 17.08.010 of this code, provided:
A.
That any new use, building or structure, proposed to be located on such lot, shall comply with all of the regulations contained in this title as to such proposed new use, building or structure; and
B.
That the exemption granted in this section shall not apply to any building, or structure which is damaged or destroyed, by any cause, to the extent that the cost of reconstruction or rehabilitation thereof would exceed an amount equal to the then-assessed value of such building or structure, as estimated by the city's building official, for building permit purposes.
(Prior code § 9396.5)