Byrnes Mill City Zoning Code
ARTICLE XII
"B-1" General Commercial District
Section 400.350 Regulations.
[R.O. 2011 §400.350; Ord. No. 054-87 §IX, 10-21-1987]
The regulations set forth in this Article, or set forth elsewhere in this Chapter when referred to in this Article, are the regulations of the "B-1" Commercial District.
Section 400.360 Permitted Uses.
[R.O. 2011 §400.360; Ord. No. 054-87 §IX, 10-21-1987; Ord. No. 505-01 §1, 8-15-2001]
A.
A building or premises shall be used only for the following purposes:
1.
Bank, including drive-in bank; savings and loan association.
2.
Barber shop; beauty shop.
3.
Drug stores and medical prescription centers.
4.
Dry-cleaning and pressing establishments, using not more than two (2) clothes-cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds; and which shall utilize cleaning fluid which is nonexplosive and nonflammable; laundry pick-up store; self-service laundry; self-service dry cleaner.
5.
Flower shop.
6.
Funeral homes or mortuaries.
7.
Hardware store; shoe repair store.
8.
Ice cream parlor.
9.
Newspaper offices.
10.
Photographic studios; music studios; artist studios.
11.
Retail food stores, including grocery stores, meat markets or delicatessens; ice cream or candy stores; and bakeries with baking and processing for retail trade on the premises only.
12.
Restaurants, cafes, and lunch rooms.
13.
Theaters, assembly halls.
14.
Any other retail or service use of similar character which is not specifically permitted herein, when authorized by the Board of Alderpersons after receipt of a review and recommendation from the City Planning and Zoning Commission.
16.
Apparel shop; shoe store; millinery shop; dressmaking establishment or tailor.
17.
Building material yards wholly within an enclosed structure with no mill work done out of doors.
18.
Business or professional office.
19.
Department or variety store.
20.
Furniture and home furnishings store.
21.
Gift shop; artists supply store or art shop; antique shop; stationary or office supply and equipment store.
22.
Jewelry store.
23.
Mail order office; toy store; dry goods store.
24.
Paint or plumbing shop.
25.
Printing, publishing, and engraving.
26.
Radio or television broadcasting stations or studio.
27.
Sporting goods or photo supply store;
28.
Tire sales and service;
29.
Any other similar type of retail, general service, or repair establishment not specifically permitted herein, when authorized by the Board of Alderpersons after receipt of review and recommendations from the City Planning and Zoning Commission and only when such use is consistent with the intent and purpose of the "B-1" Commercial District Regulations;
30.
Accessory buildings and accessory uses customarily incidental to the above uses.
Section 400.370 Examples of Uses Which May Be Considered.
[R.O. 2011 §400.370; Ord. No. 054-87 §IX, 10-21-1987; Ord. No. 291-93 §§I — II, 12-1-1993; Ord. No. 505-01 §2, 8-15-2001; Ord. No. 795-12 §1, 8-15-2012]
Section 400.380 Access, Parking and Loading Requirements.
[R.O. 2011 §400.380; Ord. No. 054-87 §IX, 10-21-1987]
A.
Where access to a commercial or use or structure will require a driveway and off-street parking, only one (1) point of ingress or egress located at least thirty (30) feet from any intersecting street corner shall be permitted. Additional points of access may be granted with a special use permit only. All driveways for ingress and egress shall have a minimum of twelve (12) feet and a maximum of twenty-four (24) feet in width for each traffic lane, exclusive of curb returns. Two (2) or more property owners having an approved legal agreement describing their joint right of property access may jointly share a driveway or access road.
B.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in Article XVIII, Off-Street Parking And Loading Requirements. All off-street parking spaces for commercial uses shall be set back a minimum of ten (10) feet from the street right-of-way. Setbacks of less than ten (10) feet may be allowed if a special use permit therefore is granted. All of the lot used for parking of vehicles and all driveways shall be paved with a sealed-surface pavement and maintained in such a manner that no dust will be produced by continued use.
Section 400.385 Plan Requirements and Review.
[R.O. 2011 §400.385; Ord. No. 658-2007, 6-6-2007]
A.
Written applications for all uses within the "B-1" Commercial District shall be filed with the City Planning and Zoning Board for approval.
1.
Application. The application shall be accompanied by the following information:
a.
A plot plan indicating the location of present and proposed new buildings or modifications to existing buildings, driveways, parking lots and/or parking spaces and other necessary appurtenances and facilities.
b.
Preliminary architectural plans for the proposed buildings or modifications to existing structures.
c.
An estimate of the maximum number of employees for the facility and the number and times of shifts they would work.
d.
Proposed water and sewer service demand including peak and maximum loads.
e.
The type and chemical composition of any and all wastes to be generated by the commercial facility, including, but not limited to, those which will be entering the municipal sewerage system, and any pre-treatment requirements, if any.
f.
The type and composition of any smoke, fumes, odors or other airborne emissions which may be produced by the use considered.
g.
Any and all other information that may be required by the City Planning and Zoning Board.
2.
Review. Upon receipt of all information required in this Section, the Planning and Zoning Board and, if deemed advisable by the Planning and Zoning Board, the City Engineer shall review the application and all materials required in Subdivision (1) of this Section within ninety (90) days of the date of their submission. If no review of the application and the required materials takes place within ninety (90) days of the date of their submission, then the application shall automatically be accepted by the City of Byrnes Mill. At a minimum, the proposed use must meet the following criteria:
a.
It shall be consistent with the intent and purpose of the "B-1" Commercial District regulations.
b.
It shall not create adverse traffic conditions.
c.
It shall not overload the existing municipal sewerage collection and treatment facilities.
d.
It shall not generate or discharge waste into the municipal sewerage collection system that cannot be treated by available wastewater treatment facilities.
e.
It shall not emit noxious smoke, fumes or other airborne emissions that may be produced by the use considered.
3.
Recommendation. Upon consideration by the Planning and Zoning Board and recommendation of the City Engineer, the Chairman of the Planning and Zoning Board shall submit, in writing, the Board's findings on all review criteria to the Mayor and Board of Alderpersons for their final consideration, approval and issuance of necessary permits.
Section 400.390 Height and Area Regulations.
[R.O. 2011 §400.390; Ord. No. 054-87 §IX, 10-21-1987]
A.
In addition to the specific requirements for the "B-1" Commercial District, all height and area regulations and exceptions set forth in Article XVII, Height And Area Exceptions And Modifications, as they apply to uses in the "B-1" Commercial District, shall be observed.
1.
Height. The maximum height of buildings permitted shall be as follows:
a.
All buildings other than churches and similar places of worship, thirty-five (35) feet and not over two and one-half (2½) stories.
b.
All other buildings, forty-five (45) feet and not over three (3) stories, except that towers or steeples on churches or similar places of worship may not exceed seventy-five (75) feet.
c.
Buildings or structures may be erected or altered to a height of more than forty-five (45) feet but only upon the written approval of the Fire Chief and the approval of the Board of Alderpersons, but in no instance shall any building or structure be erected or altered to exceed the fire fighting capability of the City of Byrnes Mill.
2.
Area. No building or structure shall be erected or enlarged unless the following minimum dimensional requirements are provided and maintained in connection with such building, structure, or enlargement:
Lot Area in Square Feet | Lot Width in Feet | Minimum Yard Requirement in Feet | |||
|---|---|---|---|---|---|
Front | Side | Rear | |||
All Uses | 21,780 | 100 | 30 | 20 | 30 |
3.
Percentage of lot coverage. All residential building or structures, including accessory buildings, shall not cover more than twenty percent (20%) of the area of the lot. There are no coverage requirements for commercial structures.