Blue Mound City Zoning Code
§ 10
“E” COMMERCIAL DISTRICT.
A.
PURPOSE.
This district is a commercial category providing a uniform set of standards for retail shopping facilities and general commercial activities. It is intended that this zoning district be served by major thoroughfares and be of such size that all parking and traffic maneuvering can take place on the commercial site. This district may be assigned a “PD” Planned Development suffix in order to provide a greater physical design flexibility of the site features and site design review abilities to assure compatibility to adjoining districts. It is expressly intended that no residential dwelling be erected in this commercial district and existing dwellings will remain as legal nonconforming dwellings.
B.
USE REGULATIONS.
In the “E” Commercial District, no residential buildings will be erected; however, residential uses existing at the time of the passage of this ordinance will remain as legal nonconforming uses under the provision of Section 22. In the “E” Commercial District, no buildings or land use shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or more of the following uses:
a.
PERMITTED USES
1.
Antique shops.
2.
Auditorium, theaters[,] cinemas.
3.
Auto parking areas.
4.
Bakeries, providing that the floor areas does not exceed three thousand square feet (3,000 sq. ft.).
5.
Barber and beauty shops.
6.
Bicycles and bicycle repair shops.
7.
Blueprinting or photostating.
8.
Book or stationary stores, or newsstands.
9.
Business colleges, or private schools operated as a commercial enterprise.
10.
Christmas tree sales.
11.
Cigar or tobacco stores, subject to the regulations containing in section 22D of the zoning ordinance.
12.
Cleaning, dyeing and pressing works; laundry and washaterias, providing that the floor area does not exceed three thousand square feet (3,000 sq. ft.) for separate or combined uses.
13.
Commercial amusement centers and bowling alleys, indoor operations only.
14.
Confectionary stores.
15.
Custom dressmaking or millinery shops.
16.
Dancing schools.
17.
Delicatessen shops.
18.
Department stores.
19.
Dog and cat hospitals or small animal hospitals, if conducted wholly within a completely enclosed soundproof and air conditioned building, provided, that noise or odors created by activities within the building shall not be perceptible beyond the property line, and that no animals are kept outside the building at any time.
20.
Health Service Facilities: Clinics, offices of dentists, doctors and other practitioners of the healing arts licenses [licensed] or similarly recognized under the laws of the State of Texas; offices for specialists in supportive health service fields such as physical, audio and speech therapy, podiatry and psychological testing and counseling; dental, medical and optical laboratories and blood banks; ambulance dispatch stations, prescription pharmacies and offices, stores and display rooms for the sale and rental of medical supplies and equipment.
21.
Drug stores.
22.
Dry goods and notions stores.
23.
Duplicating service, printing, lithographing, by mimeographing, multigraphing and offset printing, providing that the floor area does not exceed two thousand square feet (2,000 sq. ft.).
24.
Electrical and gas appliances and supply sales, electrical and gas repair and installation services.
25.
Filling stations, gasoline, oil, washing, greasing and accessories; not including fender or body repairs, major mechanical, rear end, transmission and engine overhaul.
26.
Financial institutions.
27.
Florist or gift shops.
28.
Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping.
29.
Garages, storage only.
30.
Grocery stores and meat markets.
31.
Hardware, paint, wallpaper stores and other home improvement items.
32.
Health and physical fitness centers.
33.
Hotel, motel or motor hotel subject to the following restrictions:
a.
No building or outside activities or facilities including dumpsters, mechanical, storage or maintenance buildings or equipment, or recreation areas, except surface parking shall be less than fifty feet (50') from any residential district.
b.
No building shall exceed two and one half (2-1/2) stories nor shall it exceed thirty-five feet (35') within one hundred feet (100') of any residential zoned property.
34.
Household and office furniture, furnishings and appliances.
35.
Jewelry stores, optical goods.
36.
Golf course, including miniature course, driving tee, driving range and “Pitch and Putt” course. Lighting of any such use shall be directed away from residential areas.
37.
Leather and leather goods shops, providing that the floor area does not exceed two thousand square feet (2,000 sq. ft.) for separate or combined uses.
38.
Mortuaries, funeral homes and undertakers.
39.
Museum, library, fine art centers and similar cultural facilities.
40.
Medical Care Facilities: Nursing and care homes; hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors.
41.
Nursery yards or buildings for retail sales, provided that all incidental equipment and supplies including fertilizer and empty containers are kept within a building.
42.
Offices.
43.
Photograph, portrait or camera shops and photo finishing.
44.
Piano stores, musical instruments and supplies.
45.
Plumbing and heating appliances, repair and installation services. All storage of materials must be indoors.
46.
Radio and television sales and servicing.
47.
Restaurants, tea rooms, cafeterias, fast food and “take-out” food restaurants.
48.
Retail stores, businesses or shop for custom work or the manufacturing of articles to be sold at retail on the premises, providing that in such manufacture the total mechanical power shall not exceed five (5) horsepower for the operation of any one machine provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50) percent of the total floor area of the permitted use and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes, and all activities shall be conducted totally within the same building.
49.
Showroom warehouse, subject to the following restrictions: All activities and storage shall be totally within an enclosed building; a maximum of eighty (80) percent of the gross floor area of any unit or multiple-unit facility shall be used for warehouse activity; no manufacturing fabrication or assembly operation shall be conducted in any part of any unit except for articles to be sold at retail on the premises; and parking shall be provided at a ratio of one (1) space per three hundred (300) square feet of gross floor area of office, showroom, or retail space. A minimum of three (3) parking spaces shall be provided per unit in multiple-unit developments.
50.
Sporting goods including gun sales and repair.
51.
Studios for artists.
52.
Tailor, clothing or wearing apparel shops.
53.
Tires, batteries and automobile accessory sales.
54.
Variety stores.
55.
Accessory buildings and uses customarily incident to any of the above uses including air conditioners, ice and refrigerating plants purely incidental to the main activity permitted on the premises. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building.
56.
The above specified stores, shops, or business shall be retail establishments exclusively selling merchandise and/or services and conducted wholly within an enclosed building.
57.
Retail sales of beer and wine for “off-premises” consumption.
b.
SPECIAL EXCEPTION USES
1.
Special exception uses when authorized by the Board of Adjustment under the provision of Section 23.
C.
HEIGHT AND AREA REGULATIONS.
In the “E” Commercial District, the height of buildings, the minimum dimensions of yards shall be as follows:
1.
Floor Space:
Each store, shop or business shall have a minimum of five hundred square feet (500 sq. ft.) with no limit on floor space for stores, shops, businesses or offices except as provided herein.
2.
Height:
No building hereafter erected, reconstructed, altered or enlarged shall exceed two and one-half (2-1/2) stories nor shall it exceed thirty-five feet (35') within one hundred feet (100') of any “B” Zoned or “C” Zoned property line. Any building in excess of one hundred feet (100') from these property lines shall not exceed three (3) stories nor forty-five feet (45').
3.
Front Yard:
There shall be a front yard of not less than twenty-five feet (25').
4.
Rear Yard:
There shall be a rear yard having a depth of not less than twenty feet (20').
5.
Side Yard:
Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than ten feet (10'), otherwise no side yard for a commercial building shall be required, but if provided, it shall be not less than three feet (3'). In corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as District “D”.
6.
Width of Lot:
If used for commercial purposes, the minimum lot width shall be seventy feet (70') at the building line. Provided that where a lot of record and in separate ownership at the time of the passage of this ordinance has less width as herein required, this ordinance shall not prohibit its use for commercial purposes.
D.
SCREENING DEVICES.
In the event that this district abuts or adjoins a “B” Single-Family, “C” Multiple-Family or “D” Multiple-Family District, a solid six-foot (6') screen device shall be placed along the abutting or common property line. Such screen device shall be of durable material and without holes, penetrations or other openings other than those required for passage. The screening device must be kept in good repair at all times.
E.
EXTERNAL LIGHTING.
Any external lighting shall be mounted and maintained in a manner to not illuminate any adjacent residentially zoned property.
(Ordinance 200 adopted 7/19/88; Ordinance 581 adopted 6/20/2023)
