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Bessemer City Zoning Code

SECTION 5.

USE REGULATIONS FOR COMMERCIAL DISTRICTS

Sec. 5.1.- O-1. Office, services district.

(1)

Generally. To provide centralized, compact areas for professional and business offices and related activities including separate buildings and building groups designed with landscaped yards and open areas provided as appropriate.

(2)

Permitted uses.

(a)

Business, professional or public office building in which retail trade with the general public is not conducted. Office buildings in excess of 2,500 square feet of floor area may use ten percent of the floor area for retail and service establishments such as restaurants, opticians, gift shops, barber and beauty shops, quick copy services, specialty shops, banks, pharmacies, and other commercial uses, appropriate to the professional office environment.

(b)

Bank, financial institution.

(c)

Business, vocational school.

(d)

College, university.

(e)

Community center.

(f)

Optician.

(g)

Post office.

(h)

Public elementary or high school, or parochial or private school having comparable curriculum; can include dormitories.

(i)

Funeral home.

(j)

Health care facility.

(3)

Uses permitted on review.

(a)

Child care center.

(b)

Communal living facility.

(c)

Photographic studio.

(d)

Drug store.

(e)

Optician.

(f)

Lodge, fraternal organization, non-commercial club not operated for a profit.

(g)

Church.

(h)

Hotel, motel.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirement section.

(c)

See sign regulations section.

(5)

Development plan requirements.

(a)

Development shall be plan approved in accordance with procedures prescribed elsewhere in the ordinance.

Sec. 5.2. - C-1 Neighborhood commercial district.

(1)

Generally. To provide areas for retail and service establishments convenient and compatible with the character of adjacent residential neighborhood.

(2)

Permitted uses.

(a)

Appliance, small repair.

(b)

Art supply and frame shop.

(c)

Auto parts store; no service, installation, repair, or dismantling.

(d)

Bank, financial institution, neighborhood in nature.

(e)

Barber[shops] and beauty shops.

(f)

Bicycle shop.

(g)

Car wash.

(h)

Card, book and gift shops.

(i)

Child & adult day care center.

(j)

Clothing store.

(k)

Convenience store.

(l)

Dance studio.

(m)

Drug store.

(n)

Duplicating service.

(o)

Florist/excluding greenhouse.

(p)

Grocery store.

(q)

Hardware store.

(r)

Jewelry store.

(s)

Laundromat, dry-cleaning pick-up or plant.

(t)

Office building; business, public or professional in nature less than 5,000 square feet of floor area.

(u)

Paint and wallpaper stores.

(v)

Pet shop.

(w)

Photographic studio.

(x)

Restaurant.

(y)

Shoe store and repair.

(z)

Sporting goods store.

(aa)

Tailor shop.

(bb)

Transit station, taxi station.

(cc)

Other neighborhood retail and service establishments in accord with the intent of this district.

(3)

Uses permitted on review.

(a)

Fire station, police station.

(b)

Automobile service station.

(c)

Commercial parking lot.

(d)

Lounges/bars.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

(5)

Development plan requirements.

(a)

Development shall be approved in accordance with procedures prescribed elsewhere in the ordinance.

Sec. 5.3. - SC-1 Neighborhood shopping center district.

(1)

Generally. To provide for a unified grouping, in one or more buildings, of retail shops and stores that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the neighborhood shopping center be developed as a unit, with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening materials.

(2)

Permitted uses.

(a)

Any use permitted in the C-1, Neighborhood commercial district.

(b)

Office uses; provided, however, that the total gross floor area of all office uses, exclusive of those listed above, shall not exceed 20 percent of the gross floor area of the shopping center.

(c)

Gasoline service station provided that it is designed as an integral part of the shopping center building group.

(d)

Accessory buildings and uses customarily incidental to the above uses.

(e)

Material or goods which is actively being offered for sale may be temporarily displayed outside of a building, provided that it shall not be displayed on a public street or right-of-way.

(3)

Uses permitted on review.

(a)

Lounge, bar.

(b)

Game room.

(c)

Other uses permitted upon review in C-1.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

(5)

Development plans requirements.

(a)

A neighborhood shopping center district shall be developed in compliance with an approved development plan as described elsewhere in the ordinance.

Sec. 5.4. - C-2 Central business district.

(1)

Generally. To encourage complementary retail uses; government offices; service uses; professional, cultural, recreational and entertainment establishments and uses; hotels and motels and transportation facilities in an are which are primary in function.

(2)

Permitted uses.

(a)

Any use permitted in the O-1 Office, medical and related services district or C-1 Neighborhood shopping district.

(b)

Bars, taverns, lounges and night clubs.

(c)

Department store.

(d)

Indoor sports facilities such as bowling, health club, skating, racquet sports.

(e)

Liquor store.

(f)

Municipal or public garage.

(g)

Restaurant, including fast food.

(h)

Rent-all store.

(i)

Showrooms for the sale of such items as appliances, carpet, furniture, home furnishings, medical and office equipment, pianos and organs, light fixtures, not including yards for storage of building materials.

(j)

Theaters, indoor.

(k)

Veterinarian, no kennels.

(3)

Uses permitted on review.

(a)

Single- and multi- family residential units on floors above the 1st floor.

(b)

Game room.

(c)

Churches.

(d)

Other uses permitted upon review in C-1.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulation section.

(5)

Development plan requirements.

(a)

Development shall be in accord with approved development plan as described elsewhere in the ordinance.

Sec. 5.5. - C-3 Community business district.

(1)

Generally. To provide concentrated areas for general and community business activities

(a)

Any use permitted in the C-1 Neighborhood shopping district, or the C-2 Central business district.

(b)

Retail establishments such as furniture; jewelry; cosmetics; candy; medical, dental or drafting instruments; optical equipment, clocks, etc.; that include manufacturing that does not exceed 20 percent of the gross floor area.

(c)

Automobile parts store, including service, installation or repair.

(d)

Automobile repair services and garages.

(e)

Automobile sales and rental.

(f)

Boat sales, rental, storage and services.

(g)

Building contractor yard.

(h)

Building material sales and home improvement centers.

(i)

Pest control company.

(j)

Plumbing, heating and cooling, electrical and other wholesale supply and service facilities with not over 5,000 square feet of storage, nor any delivery vehicle more than 1.5 ton capacity, nor a total of more than five delivery vehicles, all processing and storage completely enclosed in the building.

(k)

Veterinarian, no kennels.

(l)

Convenience store/gas station.

(2)

Uses permitted on review.

(a)

Uses permitted on review in C-1.

(3)

District regulations.

(a)

District development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

Sign regulations section.

(4)

Development plan requirements.

(a)

Development shall be in accord with approved development plan as prescribed elsewhere in the ordinance.

Sec. 5.6. - C-4 Arterial services district.

(1)

Generally. To provide areas for community-wide and regional retail shopping establishments which are located along major traffic arteries.

(2)

Permitted uses.

(a)

Any use permitted in the C-1 Neighborhood district; C-2 Central business district; or the C-3 Community business district.

(b)

Fruit, vegetable, roadside stand.

(c)

Janitorial and maintenance services.

(d)

Metal and wood fencing, and ornamental grillwork.

(e)

Mini-warehouse.

(f)

Motorcycle sales, repair and services.

(g)

Outdoor amusements and commercial recreation such as carpet golf, par 3 golf, go-cart track, water slide, skate-board course, batting cage.

(h)

Pest-control company.

(i)

Prefabricated and mobile home sales and service.

(j)

Plant nursery.

(k)

Theaters, including outdoor.

(l)

Truck and heavy equipment sales and rental.

(m)

Veterinarian, animal hospital; including outside kennels.

(n)

Warehouse, not to exceed 5,000 sq. ft.

(o)

Flea market.

(3)

Uses permitted on review.

(a)

Adult establishment facility.

(b)

Game room.

(c)

Other uses permitted on review in C-1.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

(5)

Development plan requirements.

(a)

Development shall be in accord with approved development plan as prescribed elsewhere in the ordinance.

Sec. 5.7. - C-5 General business district.

(1)

Generally. To provide for general business locations.

(2)

Permitted uses.

(a)

Any use permitted in C-1 or C-3 district.

(3)

Uses permitted on review.

(a)

Uses permitted in C-4 District.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See sign regulations section.

(5)

Development plan requirements.

(a)

Development shall be in accordance with approved development plan as prescribed elsewhere in the ordinance.

Sec. 5.8. - C-6 Planned shopping district.

(1)

Generally. To provide for the orderly and convenient concentration of retail, business and higher density residential complexes in highly accessible locations appropriate to the character of surrounding property and its future development. This district shall not be created on less than two acres or at least a half block containing all lot frontage on the same side of a street situated between two intersecting streets.

(2)

Permitted uses. A building or premises shall be used only for the following purposes as designated on the approved development plan, including:

(a)

Retail sales.

(b)

Business or personal services.

(c)

Restaurants, cafeterias.

(d)

Service station, and automotive repair, but excluding truck stops, vehicle sales, outside repairs or storage of inoperable vehicles or other equipment.

(e)

Movie theatre.

(f)

General shops and businesses similar to those above or ordinarily conducted in a shopping center or mall.

(g)

Hotels, motels.

(h)

Recreation, amusement or entertainment (excluding adult establishments).

(3)

Uses permitted on review.

(a)

Multiple dwellings, attached and semi-attached dwellings and condominiums.

(b)

Other uses which are similar to those above or whose effects on surrounding areas are consistent with them.

(c)

Uses permitted upon review in C-1.

(4)

District regulations. Regulations as specified as herein and in sections.

(a)

See district development criteria section.

(b)

See parking and loading section.

(c)

See sign regulation section.

(5)

Development plan requirements. In order to prevent adverse environmental impacts and to achieve a compatible relation among uses and with the land use suitability of surrounding properties and nearby zone districts, as well as the surrounding transportation network, any owners of lands included in this district shall concur in an overall site development plan to be reviewed and considered for approval by the Bessemer Planning and Zoning Commission prior to any grading, clearing, site improvements or issuance of related permits. All owners of property petitioning for establishment of a new C-6 district shall submit an acceptable development plan for the Bessemer Planning and Zoning Commission approval prior to adoption by the City of Bessemer. Any district may be phased over a reasonable period of time. Final site development plans may be postponed for portions of the parcel scheduled for completion after the first two acres. However when phased, the whole district must be covered by a more generalized conceptual design for ultimate development which may be tentative, but must include a viable timetable for completion of each sector, with sufficient information to judge internal and external impacts. The site development plan shall include:

(a)

Maps indicating:

1.

The direction of north, appropriate scale and topography in not greater than two-foot contour intervals.

2.

The proposed locations and heights of all structures and site improvements.

3.

The use of all structures and premises.

4.

The areas and proportionate amount of parking to be developed.

5.

The location of streets, driveways and walks, including all points of ingress and egress and access streets.

6.

All service areas and loading spaces.

7.

Location and areas of illumination of all exterior lighting.

8.

The location, size, number and character of all exterior signs.

9.

The location, character and extent of all recreation, open spaces, beautification features, and landscaping, fences, retaining and screen walls and other treatment for the protection of adjoining property.

10.

The facilities planned for sanitary sewers or treatment and surface drainage of the premises.

11.

A grading plan showing original and finished slopes, means of stabilization and relation to flood plains, drainageways, wetlands, subsurface conditions and soil suitability.

(b)

A traffic analysis indicating that the proposed development will be so related to streets and arteries that the traffic generated can be accommodated without causing excessive congestion or hazards or objectionable volumes of traffic on residential streets.

(c)

A comprehensive independent market analysis, if requested by the City of Bessemer or Bessemer Planning and Zoning Commission, on the needs to be served and the general economic justification.

(d)

A copy of any proposed subdivision plats, new streets, other easements, and deed restrictions including any third party covenants to be recorded, and the legal treatment and responsibility for maintenance of any public or common grounds or spaces.

(6)

Review and approval of plans. The Bessemer Planning and Zoning Commission shall review, approve in part or whole, or disapprove, setting forth its reasons therefor, all conceptual designs and any site development plans for C-6 districts initiated or recommended for adoption by the City of Bessemer without an original plan, in the case of initial zoning of annexed territory. The Bessemer Planning and Zoning Commission shall also review, and approve or disapprove all other site development plans involved in rezoning requests or subsequent plan amendments. After due notice and hearing of all interested parties, and consideration of analyses or recommendations by its staff, the Bessemer Planning and Zoning Commission shall judge the acceptability of varied elements of the plan in close conformity with the following criteria to:

(a)

Minimize traffic congestion, conflicting movements, hazards, clutter or glare interfering with drivers' visibility of streets, drives and sight lines around corners, also accommodating emergency vehicles, and protecting pedestrian ways and avoiding the attraction of customer or truck traffic through local residential frontage streets;

(b)

Assure longterm adequacy of grading, storm drainage, sanitary sewers, other utilities and improvements, particularly preventing landslides, erosion, sedimentation, flooding and similar problems on subject property and nearby parcels of land in accordance with the City of Bessemer Code;

(c)

Minimize activity conflicts, and environmental degradation, while maximizing a compatible interrelating of uses and economical development through shared access, parking, utility easements, service areas, clustering, etc.;

(d)

Preserve historic or significant places, scenic features, steep slopes, or drainageways, and create effective natural, planted and manmade buffers of sufficient height, density and width to screen objectionable on-site noise, vibration, smoke, dust, fumes, odor, heat, glare or visibility from adjacent, less intensive uses and particularly residential development and zones;

Once a site development plan has been approved, no work shall be done and/or permits shall be issued except in accordance with said plan. No certificate of occupancy shall be issued until all site improvements as required by an approved site development plan are completed.

(7)

Delay in construction. In the event that construction in accordance with the originally approved development plan has not begun within two years from the date of its approval, the development plan shall expire and become null and void. If less than 25% of the site improvements have been installed within 18 months after issuance of a permit to begin construction, the site development plan shall expire and become null and void.

Sec. 5.9. - C-7 Health and institutional district.

(1)

General[ly]. To provide for major health, institutional or similar institutional uses.

(2)

Permitted uses.

(a)

Hospital.

(b)

Professional office buildings.

(c)

College, technical, school facilities.

(d)

Public and private academies.

(e)

Nursing Home.

(3)

Uses permitted upon appeal.

(a)

Uses permitted in O-I district.

(4)

Other regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See signage standards section.

(5)

Development plan requirements.

(a)

Development shall be in accord with an approved development plan as prescribed elsewhere in the ordinance.