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Bourbon City Zoning Code

BUSINESSES, COMMERCIAL

USES SPECIFICATIONS

§ 154.070 COMMERCIAL USES; LOCAL BUSINESS USES.

   (A)   Specifications. Commercial uses primarily of a retail or service nature.
   (B)   Interpretation. The following named uses shall be deemed to include those uses or buildings in general keeping with and appropriate to the uses hereinafter specified.
   (C)   Location permitted. The following classifications of business uses specifically stated or implied are permitted in the “LB,” “GB,” “LI,” and “HI” Districts.
      (1)   Automobile service:
         (a)   Filling station;
         (b)   Commercial garage;
         (c)   Commercial parking lot;
         (d)   Sales room; and
         (e)   Automobile repair, entirely within enclosed buildings.
      (2)   Business service:
         (a)   Bank;
         (b)   Office;
         (c)   Postal station; and
         (d)   Telegraph office.
      (3)   Clothing service:
         (a)   Laundry agency using cleaning fluids which are non-explosive and non-flammable;
         (b)   Self-service laundry;
         (c)   Laundry and dry cleaning establishment using not more than two clothes cleaning units, neither of which shall have a rated capacity of more than 40 pounds;
         (d)   Dressmaking;
         (e)   Millinery;
         (f)   Tailor and pressing shop; and
         (g)   Shoe repair shop.
      (4)   Equipment service:
         (a)   Radio shop;
         (b)   Electric appliance shop;
         (c)   Record shop;
         (d)   Locksmith shop; and
         (e)   Upholstery shop.
      (5)   Food service:
         (a)   Grocery;
         (b)   Meat market;
         (c)   Supermarket;
         (d)   Restaurant;
         (e)   Delicatessen;
         (f)   Cold storage lockers, for individual use;
         (g)   Roadside sales stands; and
         (h)   Catering establishments.
      (6)   Personal service:
         (a)   Barbershop;
         (b)   Beauty shop;
         (c)   Reducing salon; and
         (d)   Photographic studio.
      (7)   Retail service, retail stores generally:
         (a)   Drugstore;
         (b)   Hardware;
         (c)   Stationer;
         (d)   Newsdealer;
         (e)   Show room, for articles;
         (f)   Commercial greenhouse not exceeding 1,000 square feet in area;
         (g)   Apparel shop;
         (h)   Flower shop;
         (i)   Painting and decorating shop;
         (j)   Printing shop;
         (k)   Department stores; and
         (l)   Furniture stores.
      (8)   Commercial recreational uses (conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building):
         (a)   Theater;
         (b)   Bowling alley;
         (c)   Billiard room; and
         (d)   Dancing academy.
      (9)   Hotel.
      (10)   Private club or lodge.
      (11)   Advertising sign or billboard.
      (12)   Veterinary hospitals (excluding kennels).
 
Height of Building District
Normal Maximum Height
“GB” and “HI”
60 feet or five stories
“LB” and “LI”
45 feet or four stories
 
   (D)   Front yard. Fifteen feet.
   (E)   Side yard.
      (1)   Along the side street line of a corner lot in an “LB” District, where the block is adjoined by a residential block, the minimum dimension shall be five feet.
      (2)   Where an “LB” District adjoins an “S,” “A,” or “B” District within the block, there shall be a side yard of at least five feet.
      (3)   In blocks included entirely in “LB,” “GB,” “LI,” or “HI” Districts, no side yards are required. However, if a side yard is provided, the minimum dimension shall be five feet.
   (F)   Rear yard. Ten percent of the depth of the lot with a minimum depth of 15 feet, and need not exceed 25 feet in depth.
   (G)   Lot coverage. Ninety percent, but this shall not waive provisions of yards where required.
(Prior Code, § 8.5.1)

§ 154.071 GENERAL BUSINESS USE.

   (A)   Specifications. Commercial uses, including wholesale and storage uses conducted within enclosed, substantially constructed buildings.
   (B)   Location permitted. The following classifications of business uses specifically states or implied are permitted in the “GB,” “LI,” and “HI” Districts:
      (1)   Local business uses as listed above;
      (2)   Storage warehouse;
      (3)   Wholesale establishment;
      (4)   Open agricultural implement, automobile, or trailer sales area;
      (5)   Tavern and night club, only in conformity with requirements of laws or ordinances governing such uses;
      (6)   Motor bus or railroad passenger station; and
      (7)   Any commercial use not specifically stated or implied elsewhere in this chapter, and complying with division (A) above.
   (C)   Height of buildings.
 
District
Normal Maximum Height
“GB”, “LI,” and “HI”
60 feet or five stories
 
   (D)   Front yard. Ten feet.
   (E)   Side yard. None required. However, if a side yard is provided, the minimum dimensions shall be five feet.
   (F)   Rear yard. Ten percent of the depth of lot with a minimum depth of 15 feet and need not exceed 25 feet in depth.
   (G)   Lot coverage. Ninety percent, but this shall not waive provision of yards where required.
(Prior Code, § 8.5.1)

§ 154.072 CONDITIONAL USES.

   (A)   Vehicle parking space.
      (1)   Parking spaces shall be provided on the lot, or within 300 feet thereof on a site approved by the Board of Zoning Appeals, as follows.
 
Category
Use
Number of Parking Spaces      (2)   Loading and unloading berths shall be provided on the lot as follows.
Use
Gross Floor Area (square feet)
Loading and Unloading Berths
Hotels, office buildings
100,000 or less
100,001 to 336,000
Each 200,000 additional
1
2
1 additional
Retail stores, department stores, wholesale establishments, storage uses, other commercial use
3,000 to 15,000
15,001 to 40,000
Each additional 25,000
1
2
1 additional
 
   (B)   Paving. Open parking area, and unloading and loading berths, shall be paved with dustproof or hard surface meeting the standard specifications of the town.
   (C)   Front yard. No fences shall be hereafter built or erected between the front set back line of the building or buildings and the front line, except natural fences of hedges, trees, or shrubbery.
   (D)   Rear yard. One-half of an alley abutting the rear of a lot may be included in the rear yard to satisfy rear yard requirements, but such alley space shall not be included for loading and unloading berths.
   (E)   Vision clearance on corner lots. Eight feet from the intersection of property lines.
   (F)   Incidental use. Any building primarily used for any of the uses enumerated under local business uses and any commercial use not specifically stated or implied elsewhere in this chapter, and complying with the definition of commercial uses under general business uses may have not more than 40% of the floor area devoted to an industry or storage purpose strictly incidental to such primary use; provided, that not more than five employees shall be engaged at any time on the premises in any such incidental use.
   (G)   Lighting facilities. Outside lighting facilities, if provided, shall be so arranged so as to be reflected away from property residentially zoned or used.
   (H)   Performance standard. No commercial use and/or incidental use associated with the commercial use will be permitted which is injurious to health or safety of humans or animals, or injurious to vegetation; and which is noxious or offensive by reason of the emission of smoke, dust, gas fumes, odors, noises (including music), or vibrations beyond the limits of the premises upon which such use is conducted.
(Prior Code, § 8.5.1) Penalty, see § 154.999

§ 154.073 CONDITIONAL EXCEPTIONS.

   (A)   Maximum height. The normal maximum height of structures may be increased as follows.
      (1)   Buildings may be erected higher than the normal maximum if they are set back from front and rear property lines, one foot for each two feet of additional height above the normal maximum height.
      (2)   Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws and ordinances.
   (B)   Front yard.
      (1)   Where 25% or more of the lots in a block area are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block, but the maximum front yard need not exceed 25 feet in incorporated areas, and 50 feet in unincorporated areas.
      (2)   On four-lane federal and state highways in unincorporated areas, a distance of 60 feet on lots or parcels of land not included in an existing recorded subdivision.
      (3)   On a two-lane federal and state highway in unincorporated areas, a distance of 75 feet on lots or parcels of land not included in an existing recorded subdivision.
      (4)   On all other roads and streets in unincorporated areas, a distance of 50 feet on lots or parcels of land not included in an existing recorded subdivision.
   (C)   Side yard. Whenever a side yard abuts on a street or road in an unincorporated area, the following minimum widths shall be standard on lots or parcels of land not included in an existing recorded subdivision.
      (1)   Sixty feet on four-lane federal or state highways;
      (2)   Seventy-five feet on two-lane federal or state highways; and
      (3)   Twenty-five feet on all other streets and roads.
   (D)   Vehicle parking space.
      (1)   Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each participating use.
      (2)   Vehicle parking requirements shall not apply in a block, 50% or more of the area of which was occupied by business or industrial structures at the time of passage of this chapter.
(Prior Code, § 8.5.1)