Bell City Zoning Code
CHAPTER 17
32 C-3 HEAVY COMMERCIAL ZONE
§ 17.32.010 Purpose.
In order to provide for the development of commercial areas and to maintain the integrity of existing commercial areas within the city, the regulations of this chapter shall be applicable to all properties classified in zone C-3.
(Prior code § 9390; Ord. 1129, 1997)
§ 17.32.020 Permitted uses.
No person shall use, or permit the use of, any property zoned C-3 except as herein provided:
A.
Principal Uses. Premises in the C-3 zone may be used for the following principal uses:
1.
Ambulance services;
2.
Antique sales;
3.
Appliances, household. sales and incidental repair permitted;
4.
Art stores, including galleries;
5.
Art supply shops;
6.
Artificial limbs, orthopedic and therapeutic devices, sales;
7.
Auction houses or stores;
8.
Automobile supply stores (retail sale of new parts only);
9.
Automobiles and trailers, sales;
10.
Bakeries, including wholesale operation when conducted in conjunction with retail sales;
11.
Banks and financial institutions;
12.
Barbershops or beauty parlors;
13.
Battery sales, installation and service;
14.
Bicycle sales, service and repair;
15.
Blueprint and photocopying shops;
16.
Boats, trailers, bicycles or motorcycles sales and repairs;
17.
Book or stationery stores;
18.
Book binderies;
19.
Bowling alleys;
20.
Building material sales and storage;
21.
Carpet, sales only;
22.
Ceramic stores;
23.
Ceramic manufacturing incidental to retail sales from the premises provided the total volume of kiln space does not exceed 16 cubic feet;
24.
Clothing stores;
25.
Communications equipment buildings;
26.
Dairy products, limited to retail sales and package plant;
27.
Delicatessens;
28.
Dental clinics;
29.
Dental laboratories;
30.
Department stores;
31.
Dress or millinery shops (retail sale only);
32.
Drugstores;
33.
Dry cleaning establishments, and retail dry cleaning agencies, including those with accessory dry cleaning plants located on the same premises, but not including dry cleaning plants operated other than as accessory uses to retail dry cleaning agencies located on the same premises;
34.
Dry goods or notion stores (retail sales only);
35.
Electrical distribution facilities and all similar and related public utility facilities;
36.
Equipment rental services, including rototillers, power mowers, sanders, power saws, cement mixers, and other similar equipment;
37.
Feed and grain sales;
38.
Florist shop;
39.
Frozen food lockers;
40.
Furniture stores (new and used);
41.
Garden supplies;
42.
Gift shops;
43.
Glass edging, beveling and silvering in connection with the sale of mirror and glass decorated furniture;
44.
Grocery or fruit stores (retail sales only);
45.
Gymnasiums, baths, reducing salons and similar physical education centers;
46.
Hardware stores;
47.
Health food stores;
48.
Hobby shops;
49.
Hotels, catering to transient occupancy only;
50.
Jewelry stores;
51.
Job shop printers;
52.
Kennels (entirely within enclosed building);
53.
Laboratories, medical, dental, X-ray, biochemical;
54.
Lapidary shops, retail sales and service, repair of equipment;
55.
Laundromat, self-service and automatically equipped;
56.
Lawnmowers, retail sales, service and repair;
57.
Libraries and reading rooms, non-publicly owned;
58.
Limited live entertainment in conjunction with other permitted businesses; provided:
a.
Live entertainment is limited to no more than two performers, who are providing music and/or song that is an ancillary activity of the business.
b.
Live entertainment in the form of "karaoke," which consists of pre-recorded music that is accompanied by singing performed by non-compensated patrons of the business.
c.
Sound from live entertainment shall not be audible beyond the enclosed premises where the live entertainment is occurring that share a wall or floor/ceiling with another business or residence and shall not be audible beyond 50 feet from the business as measured from the exterior walls of, or entrances to, the business.
d.
Any performance must take place inside the business and in an area designated for the performance that will not interfere with entrances, exits, emergency exits, or the free flow of patrons through the business.
e.
Stages or raised platforms must comply with all state and local laws.
f.
No lines may form outside the business.
59.
Linoleum and floor tile, retail sales;
60.
Lithographic service and small job printers;
61.
Locksmith stores;
62.
Lodges and meeting halls;
63.
Lumberyards (no planing mills or burners) indoor only;
64.
Machinery and tools, retail sales;
65.
Mail order houses, not to include warehousing;
66.
Markets, meat, retail sales;
67.
Markets, wholesale and jobbers;
68.
Medical clinics;
69.
Medical equipment and X-ray apparatus (sale of instruments, furniture and equipment);
70.
Medical laboratories;
71.
Mimeographing and addressograph services;
72.
Mortuaries, funeral homes;
73.
Motion picture films, processing of;
74.
Movie theaters (including drive-ins);
75.
Nurseries;
76.
Office equipment and supplies;
77.
Offices, business and professional;
78.
Optical establishments, including the sale of lenses and frames and the grinding and mounting of lenses;
79.
Paint stores;
80.
Patio equipment and outdoor furniture;
81.
Pet shops;
82.
Photoengraving and finishing;
83.
Photographic shop and studios;
84.
Plating of precious metals (for retail services only);
85.
Printers or publishers;
86.
Radio and television broadcasting studios;
87.
Radio and television stores, sales and repair;
88.
Restaurants and cafés, food only;
89.
Retail stores;
90.
Secondhand goods and furniture stores;
91.
Shoe stores and/or shoe repair shop;
92.
Tailoring;
93.
Take-out sale of prepared food;
94.
Taxidermists;
95.
Telephone answering service;
96.
Tire sales;
97.
Tourist information centers;
98.
Toy stores;
99.
Trailers, rental of house trailers;
100.
Trailer sales, not to include truck trailers;
101.
Typewriter sales and incidental repairs;
102.
Variety stores;
103.
Upholstery shops;
104.
Vending machines, coin-operated machine and amusement devices, sales, service and rental;
B.
Accessory Uses. Property zoned C-3 may be used for accessory uses, provided that such uses are incidental to, and do not substantially alter the character of any permitted principal 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-3 zone may be utilized for activities for which a temporary use permit is required.
(Ord. 1000; Ord. 1129, 1997; Ord. 1247 § 5, 2019; Ord. 1269 §§ 5–7, 2021)
§ 17.32.030 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.
(Prior code § 9390a; Ord. 1129, 1997)
§ 17.32.040 Development standards.
The following development standards shall be applicable to each use, building or structure located in zone C-3, except as hereinafter set forth:
B.
Yards. The following yard areas shall be required, and observed, on all C-3 zoned properties:
1.
Front Yards. In the C-3 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-3 zone every lot shall have and maintain side yards as follows:
a.
Each lot classified in zone C-3 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-3 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-3R 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-3 zone shall exceed a height of 70 feet provided that where a lot in the C-3 zone has one or more common lot lines with a lot zoned R-1, no building or structure on such C-3 zoned lot 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-3 zone, except for required yard areas, and areas required for off-street parking facilities.
D.
Off-Street Parking. Each lot in the C-3 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-3 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-3 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 it 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-3 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 fully enclosed by a view-obscuring block wall, not less than six feet in height with a view-obscuring door which shall remain closed when not in use, so that the contents thereof are not visible from any public street or adjacent R zoned property.
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-3 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.
Storefront Security Bars and/or Gates. Storefront security bars and/or gates shall include, but not be limited to, any type of stationary, fold up, pivoting, rotating, or roll up solid metal or metal lattice work, mesh, or crossed bar grates used to prevent passage through a door or window opening.
1.
Storefront security bars and/or gates shall only be installed within the interior walls of commercial buildings or structures, and shall be prohibited on the exterior of such buildings or structures.
2.
Storefront security bars and/or gates shall not obstruct windows and entryways, and shall not be predominately visible from the exterior of the building when business operations are being conducted on site.
3.
Legal Nonconforming Storefront Security Bars and/or Gates.
a.
Any legal nonconforming storefront security bars and/or gates, which have been destroyed or deteriorated and cannot be repaired without its removal, shall be permanently removed or brought into conformance.
b.
Any existing storefront security bars and/or gates which are nonconforming to this subsection shall be removed or brought into conformance not later than three years from the date the ordinance codified in this section was adopted by the city council.
i.
Any business or property owner may seek an extension of time from the otherwise applicable amortization schedule pursuant to the provisions of subsection (I)(4).
4.
Extension of Time from Amortization Period.
a.
The planning division may accept an application for an extension of time from the amortization period either before or after the date of expiration of such nonconforming use set forth in subsection (I)(3)(b).
b.
The extension of time request shall be reviewed by the planning commission. The planning commission may only consider one extension of time per property. The commission, or the city council upon appeal, shall make the following findings in approving or conditionally approving an application for the extension of time request:
i.
That the strict application of the nonconforming storefront security bars and/or gates provisions will create an unreasonable hardship upon the applicant, which was not brought about by an act of the applicant.
ii.
That the extension of time request will not be materially detrimental to the public, health, safety, or general welfare, or to the use, enjoyment or valuation of property of other persons located within the vicinity.
iii.
That sufficient evidence has been submitted to support the need for the extension of time and appropriate amount of time.
c.
Written notice of time and place of hearings conducted by the planning commission, or city council upon appeal, relating to such matter shall be given not less than 10 consecutive calendar days in advance of such hearing to the applicant and/or property owner whose property is within a 300 foot radius of the subject lot. All persons interested in such matter shall be given a reasonable opportunity to present relevant evidence relating to the request.
J.
Exceptions. Any use, building or structure which is in existence, or for which a building permit has been issued, as of the 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; Ord. 1236 § 3, 2018)
§ 17.32.050 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-3 zone, the applicant shall comply with the provisions of Chapter 17.92 of this code with regard to site plans.
(Prior code § 9394; Ord. 1129, 1997; Ord. 1221 § 4, 2017)
§ 17.32.060 Exemption of existing uses.
Notwithstanding any provision of this title to the contrary, any building and/or structure located on any C-3 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 fourth day of August, 1969; 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 17.32.040 and 17.32.050 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 § 9395; Ord. 1129, 1997)