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Commerce City Zoning Code

ARTICLE 2

- BASE USE REGULATIONS AND DISTRICTS

CHAPTER 2.02: - DEVELOPMENT DENSITY

Only acreage devoted to usable land may be used to determine the development density or number of dwelling units permitted. Usable land is determined by subtracting all land with poorly drained or very poorly drained soils, as defined by the Natural Resources Conservation Service, land with slopes in excess of 25 percent, bodies of water, and land within the 100-year floodplain as determined by the Federal Emergency Management Agency (FEMA), from the total tract area. If the tract lies in more than one zoning district, "Lot Size" shall be computed based on a weighted average minimum lot size, considering the proportion of land.

For instance if the parcel contains 100 acres but only 80 acres are determined to be usable land, then in the R1 district where the minimum lot size is 32,670 square feet, the number of dwelling units permitted is 106. In actuality the number will be less once you provide for roads, easements, and any amenities.

2.01.001. - Establishment of zoning districts.

For the purpose of this ordinance, Commerce, Georgia is divided into zoning districts as follows:

Agricultural District

AF  Agricultural Farm District

AR  Agricultural-Residential District

Residential Districts

R1E Single-family Estate Residential District (very low density)

R1  Single-family Residential District (low density)

R2  Single-family Residential District (medium density)

R3  Two-family Residential District

R4  Multi-family Residential District

R5  Single-family Residential District (manufactured home parks/subdivisions)

Commercial Districts

C-1  Neighborhood Commercial

C-2  General Commercial District

CBD Central Business District

OCR Office Commercial Residential District

Industrial Districts

M-1  Light industrial District

M-2  Heavy Manufacturing District

Overlay Districts

OSD Open Space Design District

(Ord. No. 2006-020, 9-11-06)

2.03.001. - Area, yard, and height requirements.

This section is established to show the minimum size, width, and maximum height requirements for the land uses within each designated zoning district. Lot size shall be based on factors including the size of the building required for that use, required parking, and ground water flow. The zoning administrator is authorized to increase minimum lot sizes and otherwise vary zoning district development standards to accommodate the need to use septic tanks and/or wells and health department regulations in this regard. The unavailability of public sewer and/or water shall preclude the ability to develop projects which cannot utilize septic tanks.

2.03.002. - Minimum lot size, set backs, height.

Zoning
District
Minimum Lot Size Minimum Sq. Ft. per Dwelling Unit/Min. Heated Floor Area Minimum Yard Requirements Maximum Height of Building
Lot Area (sq. ft.) Lot Size per Dwelling Unit Lot Width (ft.) Front setback from street right-of-way (feet) Minimum Side Yard Minimum Rear Yard
All other streets Local Streets
R1E 43,560 43,560 200 2,900/2,500 40 25 25 40 35
R1 32,670 32,670 100 2,200/1,800 40 25 25 40 35
R2 21,780 21,780 85 2,000/1,600 40 25 15 20 35
R3
 Single-Family 12,500 12,500 75 1,800/1,400 40 25 15 15 35
 Two-
Family
21,000 10,500 75 1,200/1,200 40 25 15 15 35
R4
 Single-Family 11,000 11,000 75 1,200/1,200 40 25 15 15 35
 Two-
Family
31,500 10,500* 75 1,200/1,200 40 25 15 15 35
 Multi-Family 31,500 10,500* 75 1,200/1,200 40 25 15 15 35
R5
 Single-Family 11,000 11,000 75 1,200/1,200 40 25 15 15 35
 MH Subdiv. 11,000 11,000 75 1,200/1,200 40 25 15 15 35
MH Park 11,000 11,000 75 900/900 40 25 15 15 35
A-F
A-R 43,560 43,560 200 1,800/1,400 50 35 30 40 35
C-1




30 25 No minimum side yard is required except 12 feet if any side yard is provided and 20 feet if abutting a residential district No minimum rear yard is required except 12-feet if not abutting an alley and 20-feet if abutting a residential area 50
C-2 30 25 50
OCR
 Office-Commercial - - - - 30 25 No minimum side yard is required except 12 feet if any side yard is provided and 20 feet if abutting a residential district No minimum rear yard is required except 12-feet if not abutting an alley and 20-feet if abutting a residential area 50
 Single-Family Residential 32,670 32,670 75 2,900/2,500H 40 25 15 40 35
CBD See City of Commerce Design Guidelines
M-1




50 35 No minimum side yard is required except 12 feet if any side yard is provided and 20 feet if abutting a residential district No minimum rear yard is required except 12-feet if not abutting an alley and 20-feet if abutting a residential area No limit
M-2 50 35 No limit

 

* Maximum four units per acre

2.03.003. - Required buffers.

A zoning buffer shall be required as follows:

2-03-003

(Ord. No. 2020-003, § I, 2-17-20)

2.04.001. - Permitted and conditional uses.

The uses listed in the table below shall be permitted in Commerce, unless otherwise allowed*, and no structure shall erected, structurally altered or enlarged unless the use is all as:

A.

A permitted use (P);

B.

A conditional use (C) subject to the application procedures specified in [chapter] 5.02;

C.

An accessory use as specified in [chapter] 4.11; or

D.

Uses lawfully established prior to the effective date of this ordinance.

* As in conditional uses and variances.

Type of UseZoning Districts
AFARR1ER1R2R3R4R5R6C-1OCRC-2CBDM-1M-2OSD
Accessory Agricultural Bldgs. P P
Accessory Commercial Bldgs. P P P P P P P
Accessory Office Bldgs. P P P P P P P
Accessory Convenience Retail Business P P P P P P
Accessory Residential Bldgs. P P P P P P P P P
Alternative Tower Structure C C C C C C C C C C C C C C C
Animal Hospital, Veterinarian Clinic P P P P P C
Animals or fowl, meeting the definition of "Animal Units" P P
Antenna, Government Owned P P P P P P
Antenna, Satellite TV P P P P P P P P P P P P P P P P
Art Studio P P P P
Automobile Repair Garage P
Automobile Sales Lot P P
Bank P P P P
Bed and Breakfast P P P
Brewery P P P P P
Brew Pub P P P P
Cemetery, Religious Institution C P P
Club/Lodge (Private) P P P P
Convenience Store P P P
Convenience Store/Gas Station/Fast Food Restaurant P P C
Daycare, Home P P P P P P P P P P
Daycare, Center P P P C
Distribution Center P P
Distribution Center—Retail attached C C
Dry Cleaning, Neighborhood P P P P
Dwelling, Multi-Family P P
Dwelling, Single-Family P P P P P P P P P P
Dwelling, Two-Family P P P
Farm Equipment, Sales, Rental, Repair P P
Farming, Commercial P
Farming, General P
Feed, Seed Store P P P P
FleaMarket/Open Air Market P P
Flower Shop P P P P
Funeral Home P P P P
Gas Station P P
Garage, Private P P P P P P P P
Gift, Specialty Shop P P P P
Hardware, Paint Store P P P P P P
Home Office P P P P P P P P P P P
Horses P P P
Hospital P P P
Industrial ManufacturingCenter P P
Industrialized Building P P P P P P P P
Junk, Salvage or Scrap Yard C C
Kennel P P P P
Laundromat P P P
Laundry and Dry Cleaning, pick up P P P P
Livestock Quarter and Enclosures P P
Lodging—Hotel/Motel P P
Manufactured Home, Class A P P
Manufactured Home, Class B P P
Manufactured Home Sales, Leasing or Renting P
Medical, Dental Clinic P P P P
Micro-Brewery P P P P
Motor Vehicle Towing/Lot C C C
Nursing Home P P P
Office, Professional P P P P
Personal Care Home C C C C P P
Place of Public Assembly P P P P
Commercial Plant Nursery, Greenhouse P P P P P
Playschool P P P P
Produce Stand P P P P P P
Public Park, Bldgs., etc. owned and operated for public purposes C C C C C C P P P P
Public Safety and Emergency Services P P P P P P P P P P P P P P P P
Recreation Facility, Commercial C P P P P
Recreation Facility, Private C C C C C C C C P P P P C
Religious Institution C C C C C C C C C P P P C C
Recycling Station C C
Recycling Center C C C C
Restaurant P P P P
Retail Sales, General Merchandise P P P P
Retail Sales, Household P P P P
Retail Sales, Specialty P P P P
Retail Services Establishments P P P P
Riding Stable, Commercial C C C
Schools, Personal Enrichment P P P P
School K—12 C C C C C C P P P C
School K—12, Private C C C C C C P P P C
School, Private, College and University C P P P C
School, Trade P P P C
Shopping Center P P P P
Signs P P P P P P P P P P P P P P P P
Site-built Home P P P P P P P P P P
Special Event (also see Section 2.23) P P P P
Swimming Pool P P P P P P P P P P P P P P
Tattoo/Body Piercing P C
Telecommunications Tower P P
Temporary Building C C C C C C C C C C C C C C C C
Upper Floor Residential Apartment P 1
Utilities, Structures and Bldgs., Public P P P P P P P P P P P P P P P P
Warehouse, Mini P P

 

1 See section 2.07.003 for residential permitted uses and restrictions in the CBD.

2 Allowed if the acreage of the property was compliant with four acres for one horse and an additional two acres per animal for additional horses. The stable could not exceed four stalls.

(Mo. of 2-14-05; Ord. No. 2005-005A, § 1, 4-11-05; Mo. of 8-8-05; Ord. No. 2006-020, 9-11-06; Ord. No. 2015-007, 4-20-15; Ord. No. 2018-003, 6-4-18)

2.05.001. - AF - Agricultural Farm District.

A.

Purpose and intent. This zoning district is comprised chiefly of open land. The regulations for this district are designed to allow for some development while primarily maintaining farming characteristics.

B.

Principal use and structures. Principal uses and structures shall be allowed in the AF Agricultural Farm District in accordance with section 2.04.001 of this ordinance.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the AF Agricultural Farm District in accordance with section 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the AF Agricultural Farm District in accordance with section 2.04.001 of this ordinance.

E.

Prohibited uses: Designated uses not allowed. Bulk storage containers, not to exceed 10,000 gallons for petroleum, natural gas or other flammable gasses or liquids, other than as an accessory use to a gasoline station or truck stop, leather and hide tanning and finishing, except taxidermy, mobile home (pre 1976), manufacturing other than finished stationary products, petroleum and coal products manufacturing other than asphalt plants and solid waste combustors or incinerators.

F.

Prohibited noxious or hazardous products. A manufacturing or industrial activity that produces any of the following as products or by-products of the manufacturing process is prohibited: Caustic or corrosive acids, chlorine or other noxious gasses, explosives, fertilizer or glue, products involving hair or fur.

G.

Prohibited noxious or hazardous processes. A manufacturing or industrial use that involves any of the following is prohibited; tanning or finishing of leather or other hides, except taxidermy, petroleum refining, processing of sauerkraut, vinegar or yeast, rendering or refining of fats and oils and wood preservation.

(Ord. No. 2005-005B, § 1, 4-11-2005)

2.05.002. - AR - Agricultural Residential District.

A.

Purpose and intent. This zoning district is comprised of areas where limited agricultural endeavors can operate compatibly with a greater density of population than typically found in the AF District. The intent of the regulations is to support low intensity farming (hobby farming) and the maintenance of the general rural character of openness yet accommodating limited, large lot residential development.

B.

Principal use and structures. Principal uses and structures shall be allowed in the AR Agricultural Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, all four sides of the structure must be composed of the allowable building materials below.

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone, and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Cement-based artificial wood siding is allowed for up to ten percent of surface area.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, vinyl, aluminum, or wood may be used for fascia boards and soffits.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the AR Agricultural Residential District in accordance with section 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the AR Agricultural Residential District in accordance with section 2.04.001 of this ordinance.

(Ord. No. 2015-009, 11-16-15)

2.06.001. - R1E - Single-Family Estate Residential (Very Low Density).

A.

Purpose and intent. The R1E Single-Family Estate Residential is composed of low density, single-family residential development land. The district is designed to encourage single-family development in a rural setting and certain uses allied to or customarily incidental to residential developments in a rural area.

B.

Principal use and structures. Principal uses and structures shall be allowed in the R1E Single-Family Estate Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, all four sides of the structure must be composed of the allowable building materials below.

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone, and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Stucco is allowed. The use of Exterior Insulating and Finish Systems (EIFS) is also permitted.

d)

Cement-based artificial wood siding is allowed.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, vinyl, aluminum, or wood may be used for fascia boards and soffits.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the R1E Single-Family Estate Residential District in accordance with section 4.13 of this ordinance.

(1)

Horse and riding stables, private. A building for the shelter and feeding of horses shall be permitted in the R1E District as an accessory use subject to the following provisions:

a.

Personal horses stable.

1.

A personal horse stable shall not contain more than four stalls.

2.

Such stables shall be established on a lot having an area of not less than four acres for one horse and an additional two full acres for each additional horse kept on the property.

3.

The horse stable and any corral or designated riding area shall be located at least 100 feet from any property line.

4.

All animals shall be maintained in a fully fenced area.

b.

Private riding stable.

1.

Horse stables with five or more stalls are deemed private riding stables and are only allowed within an equestrian oriented subdivision for the common use of all residents in the subdivision.

2.

Private riding stables must meet the lot size requirements of personal horse stables.

D.

Conditional use. Conditional uses shall be permitted in the R1E Single-Family Estate Residential District in accordance with section 2.04.001 of this ordinance.

E.

Prohibited uses: Designated uses not allowed. Bulk storage containers, not to exceed 10,000 gallons for petroleum, natural gas or other flammable gasses or liquids, other than as an accessory use to a gasoline station or truck stop, leather and hide tanning and finishing, except taxidermy, mobile home (pre 1976), manufacturing other than finished stationary products, petroleum and coal products manufacturing other than asphalt plants and solid waste combustors or incinerators.

F.

Prohibited noxious or hazardous products. A manufacturing or industrial activity that produces any of the following as products or by-products of the manufacturing process is prohibited: Caustic or corrosive acids, chlorine or other noxious gasses, explosives, fertilizer or glue products involving hair or fur.

G.

Prohibited noxious or hazardous processes. A manufacturing or industrial use that involves any of the following is prohibited; tanning or finishing of leather or other hides, except taxidermy, petroleum refining, processing of sauerkraut, vinegar or yeast, rendering or refining of fats and oils and wood preservation.

(Ord. No. 2005-001B, § I, 1-10-2005; Ord. No. 2005-005B, § 1, 4-11-2005; Ord. No. 2015-009, 11-16-15)

2.06.002. - R1 - Single-Family Residential (Low Density).

A.

Purpose and intent. The R1 Single-Family Residential District is composed of low density single-family residential development land. The district is designed to encourage single-family development in a rural setting and certain uses allied to or customarily incidental to residential developments in a rural area.

B.

Principal use and structures. Principal uses and structures shall be allowed in the R1 Single-Family Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, all four sides of the structure must be composed of the allowable building materials below.

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone. and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Stucco is allowed. The use of Exterior Insulating and Finish Systems (EIFS) is also permitted.

d)

Cement-based artificial wood siding.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, vinyl, aluminum, or wood may be used for fascia boards and soffits.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the R1 Single-Family Residential District in accordance with section 4.13 of this ordinance.

(1)

Horse and riding stables, private. Personal horse stables and private riding stables shall be permitted in the R1 District as an accessory use subject to provisions of subsection 2.06.001(C)(1).

D.

Conditional use. Conditional uses shall be permitted in the R1 Single-Family Residential District in accordance with section 2.04.001 of this ordinance.

(Ord. No. 2005-001B, § II, 1-10-2005; Ord. No. 2015-009, 11-16-15)

2.06.003. - R2 - Single-Family Residential District (Medium Density).

A.

Purpose and intent. The R2 Single-Family Residential District is mainly comprised of medium to high density single-family subdivision development, where surrounding land uses are compatible with medium to high density development and such development would not have an adverse impact on the surrounding areas.

B.

Principal use and structures. Principal uses and structures shall be allowed in the R2 Single-Family Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, all four sides of the structure must be composed of the allowable building materials below.

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone, and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Stucco is allowed. The use of Exterior Insulating and Finish Systems (EIFS) is also permitted.

d)

Cement-based artificial wood siding.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, Vinyl, Aluminum, or Wood may be used for fascia boards and soffits.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the R2 Single-Family Residential District in accordance with section 4.13 of this ordinance.

(1)

Horse and riding stables, private. Personal horse stables and private riding stables shall be permitted in the R2 district as an accessory use subject to provisions of subsection 2.06.001C(1).

D.

Conditional use. Conditional uses shall be permitted in the R2 Single-Family Residential District in accordance with section 2.04.001 of this ordinance.

(Ord. No. 2005-001B, § III, 1-10-2005; Ord. No. 2015-009, 11-16-15)

2.06.004. - R3 - Two-Family Residential District.

A.

Purpose and intent. The R3 Two-Family Residential District is mainly comprised of medium to high density, single-family or two-family housing where surrounding land uses are compatible with medium to high density residential development or suitable transitions are provided. Appropriate areas should have adequate public facilities including community or public water and/or sewer systems.

B.

Principal use and structures. Principal uses and structures shall be allowed in the R3 Two-Family Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, at least three sides of the single-family residential structure must adhere to the allowed building materials list below, the remaining side must be hardi-plank or combination of the allowable building materials below. Two-family structures shall be four sided brick:

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone, and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Stucco is allowed. The use of Exterior Insulating and Finish Systems (EIFS) is also permitted.

d)

Cement-based artificial wood siding is allowed for up to ten percent of surface area.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, vinyl, aluminum, or wood may be used for fascia boards and soffits.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the R3 Two-Family Residential District in accordance with section 4.13 of this ordinance.

(1)

Horse and riding stables, private. Personal horse stables and private riding stables shall be permitted in the R3 district as an accessory use subject to provisions of subsection 2.06.001C(1).

D.

Conditional use. Conditional uses shall be permitted in the R3 Two-Family Residential District in accordance with section 2.04.001 of this ordinance.

(Ord. No. 2005-001B, § IV, 1-10-2005; Ord. No. 2015-009, 11-16-15)

2.06.005. - R4 - Multi-Family Residential.

A.

Purpose and intent. The R4 Multi-Family Residential District is chiefly composed of high density multi-family development. These areas of higher density development should, where possible, be located on community or public water and/or sewer systems and should be designed so as to ensure harmony within these areas.

B.

Principal use and structures. Principal uses and structures shall be allowed in the R4 Multi-Family Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, all four sides of residential structure must adhere to the allowed building materials list below:

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone, and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Cement-based artificial wood siding is allowed for up to ten percent of surface area.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, vinyl, aluminum, or wood may be used for fascia boards and soffits.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the R4 Multi-Family Residential District in accordance with section 4.13 of this ordinance.

(1)

Horse and riding stables, private. Personal horse stables and private riding stables shall be permitted in the R4 district as an accessory use subject to provisions of subsection 2.06.001C(1).

D.

Conditional use. Conditional uses shall be permitted in the R4 Multi-Family Residential District in accordance with section 2.04.001 of this ordinance.

(Ord. No. 2005-001B, § V, 1-10-2005; Ord. No. 2015-009, 11-16-15)

2.06.006. - R-5 - Single-Family Residential District for Manufactured Home Parks and Subdivisions.

A.

Purpose and intent. The R-5 Single-Family Residential District is composed primarily of high density residential development of multi-family dwellings. Developments in this district should be located on public water and sewer facilities, but exemptions may be made for developments using private community facilities where approved by the health department.

B.

Principal use and structures. Principal uses and structures shall be allowed in the R-5 Single-Family Residential District in accordance with section 2.04.001 of this ordinance.

For new construction only, all four sides of residential structure must adhere to the allowed building materials list below:

1.

Allowed building materials.

a)

Brick, except that brick veneers that are intended to simulate brick exteriors are not acceptable;

b)

Stone. Natural stone such as, but not limited to, granite, limestone, and acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone is not allowed;

c)

Cement-based artificial wood siding is allowed for up to ten percent of surface area.

2.

Prohibited building materials.

a)

Vinyl siding;

b)

Exposed concrete block;

c)

Natural wood.

Notwithstanding the foregoing, vinyl, aluminum, or wood may be used for fascia boards and soffits.

The roof shall have a minimum 5:12 roof pitch which means having a pitch equal to at least five inches of vertical height for every 12 inches of horizontal run. The roof shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass tiles, slate, built up gravel materials or standing seam (non-corrugated tin or steel) or other materials approved by the mayor and council. The roof overhang must be at least one square foot when measured from the vertical side.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the R-5 Single-Family Residential District in accordance with section 4.13 of this ordinance.

(1)

Horse and riding stables, private. Personal horse stables and private riding stables shall be permitted in the R5 district as an accessory use subject to provisions of subsection 2.06.001C(1).

D.

Conditional use. Conditional uses shall be permitted in the R-5 Single-Family Residential District in accordance with section 2.04.001 of this ordinance.

(Ord. No. 2005-001B, § VI, 1-10-2005; Ord. No. 2015-009, 11-16-15)

2.07.001. - C-1 - Neighborhood Commercial.

A.

Purpose and intent. The C-1 Neighborhood Commercial District is primarily composed of service businesses or light retail establishments generally designed to serve nearby residential areas. It is the intent of this district to provide convenient commercial establishments that are primarily used by persons residing in the area. All businesses shall be those which are not objectionable by reason of odor, dust, bright lights, noise, vibration, or traffic congestion, and should, when possible, be conducted within a completely enclosed building.

The site plan for such use must provide for adequate ingress and egress of vehicular traffic and shall not cause safety, health or traffic problems in the area.

The proposal is justified based on facts presented to indicate the need for such use, as called for in the Commerce Comprehensive Plan.

B.

Principal use and structures. Principal uses and structures shall be permitted in the C-1 Neighborhood Commercial District in accordance with section 2.04.001 of this ordinance.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the C-1 Neighborhood Commercial District in accordance with section 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the C-1 Neighborhood Commercial District in accordance with section 2.04.001 of this ordinance.

E.

Prohibited uses: Designated uses not allowed. Bulk storage containers, not to exceed 10,000 gallons for petroleum, natural gas or other flammable gasses or liquids, other than as an accessory use to a gasoline station or truck stop, leather and hide tanning and finishing, except taxidermy, mobile home (pre 1976), manufacturing other than finished stationary products, petroleum and coal products manufacturing other than asphalt plants and solid waste combustors or incinerators.

F.

Prohibited noxious or hazardous products. A manufacturing or industrial activity that produces any of the following as products or by-products of the manufacturing process is prohibited: Caustic or corrosive acids, chlorine or other noxious gasses, explosives, fertilizer or glue, products involving hair or fur.

G.

Prohibited noxious or hazardous processes. A manufacturing or industrial use that involves any of the following is prohibited; tanning or finishing of leather or other hides, except taxidermy, petroleum refining, processing of sauerkraut, vinegar or yeast, rendering or refining of fats and oils and wood preservation.

(Ord. No. 2005-005B, § 1, 4-11-2005)

2.07.002. - C-2 - General Commercial District.

A.

Purpose and intent. The C-2 General Commercial District is primarily composed of heavy commercial uses usually located near population centers and which may generate increased traffic and congestion. The intent of this district is to provide for special areas which, due to their location or current land use, have been set aside to allow uses which may not be allowed in the lighter commercial districts, but are not generally objectionable by reasons of dust. odor, bright lights, noise or vibration. This district should generally be utilized as a buffer between light industrial and lighter commercial zones, and uses within this district should, when possible, be carried on within a completely enclosed building. Individual development of such uses should be allowed subject to the following conditions:

Such proposed use is not inconsistent with neighboring zoning and current land use, and will, when necessary, provide adequate buffer between adjoining light industrial and lighter commercial, residential or agricultural districts;

The site plan for the proposed use provides for adequate ingress and egress of vehicular traffic and will not cause safety, health or unreasonable traffic problems in the area; and

The proposed use is justified based on facts presented to indicate the need for such use, as call for in the Commerce Comprehensive Plan.

B.

Principal use and structures. Principal uses and structures shall be permitted in the C-2 General Commercial District in accordance with section 2.04.001 of this ordinance.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the C-2 General Commercial District in accordance with section 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the C-2 Highway Commercial District in accordance with section 2.04.001 of this ordinance.

2.07.003. - CBD - Central Business District.

A.

Purpose and intent. The CBD Central Business District, the most intensive use of land is permitted in combination with a variety of retail, service, and residential uses. The district is intended to provide for the central and headquarters functions of economic activity in the city. Activities in the CBD District are not normally oriented to serving residential areas in the same manner as the C-1 District. It is intended to keep this district centrally located and compact so that maximum convenience is afforded the users and occupants of the CBD District.

In addition to meeting the requirements of this ordinance, all uses in the CBD must comply with the City of Commerce Design Guidelines, 1991, and as they may be amended.

B.

Principal uses and structures. Principal uses and structures shall be allowed in the CBD Central Business District in accordance with section 2.04.001 of this ordinance.

C.

Accessory uses and structures. Accessory uses and structures shall be permitted in the CBD Central Business District in accordance with [chapter] 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the CBD Central Business District in accordance with section 2.04.001 of this ordinance.

2.07.004. - OCR - Office-Commercial Residential.

A.

Purpose and intent. The OCR District is composed of service business, light retail establishments generally designed to serve nearby residential areas and low density single-family residential development land. All businesses shall be those which are not objectionable by reason of odor, dust, bright lights, noise, vibration, or traffic congestion, and should, when possible, be conducted within a completely enclosed building.

The site plan for such use must provide for adequate ingress and egress of vehicular traffic and shall not cause safety, health or traffic problems in the area.

B.

Principal use and structures. Principal uses and structures shall be permitted in the OCR Office Commercial Residential District in accordance with section 2.04.001 of this ordinance.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the OCR Office Commercial Residential District in accordance with section 2.04.001 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the OCR Office Commercial Residential District in accordance with section 2.04.001 of this ordinance:

1.

Alternate tower structure.

2.

Temporary building.

(Ord. No. 2006-020, 9-11-06)

[2.09.001. - M-1 Light Industrial District.]

A.

Purpose and intent. The M-1 Light Industrial District is composed primarily of wholesale warehousing, trade shops, and light manufacturing uses, usually located on or near existing community facilities and transportation corridors. The intent of this district is to establish areas of industrial use which would be less objectionable by reasons of dust, odor, noise, congestion, etc., than those of the M-2 district. Such uses should be encouraged near existing similar uses and in accordance with the Commerce Comprehensive Plan.

B.

Principal use and structures. Principal uses and structures shall be permitted in the M-1 Light Industrial District in accordance with section 2.04.001 of this ordinance.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the M-1 Light Industrial District in accordance with section 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the M-1 Light Industrial District in accordance with section 2.04.001 of this ordinance.

E.

Prohibited uses: Designated uses not allowed. Bulk storage containers, not to exceed 10,000 gallons for petroleum, natural gas or other flammable gasses or liquids, other than as an accessory use to a gasoline station or truck stop, leather and hide tanning and finishing, except taxidermy, mobile home (pre 1976), manufacturing other than finished stationary products, petroleum and coal products manufacturing other than asphalt plants and solid waste combustors or incinerators.

F.

Prohibited noxious or hazardous products. A manufacturing or industrial activity that produces any of the following as products or by-products of the manufacturing process is prohibited: Caustic or corrosive acids, chlorine or other noxious gasses, explosives, fertilizer or glue, products involving hair or fur.

G.

Prohibited noxious or hazardous processes. A manufacturing or industrial use that involves any of the following is prohibited; tanning or finishing of leather or other hides, except taxidermy, petroleum refining, processing of sauerkraut, vinegar or yeast, rendering or refining of fats and oils and wood preservation.

(Ord. No. 2005-005B, § 1, 4-11-2005)

2.09.002. - M-2 - Heavy Manufacturing.

A.

Purpose and intent. The M-2 Heavy Manufacturing District is primarily composed of heavy or intense industrial uses. Such uses should be as isolated as possible from major residential areas but should be reasonably accessible to community facilities such as water, sewer, etc., and major transportation corridors. Since this district provides the least protection from the encroachment of undesirable uses, extreme care should be taken by governing authorities to locate such uses in existing industrial parks, until such areas are filled, or until" the need for additional areas is evident. Other districts outlined by buffer areas should be employed where possible between this district and other less intensive areas, particularly residential or light commercial districts.

B.

Principal use and structures. Principal uses and structures shall be permitted in the M-2 Heavy Manufacturing District in accordance with section 2.04.001 of this ordinance.

C.

Accessory use and structures. Accessory uses and structures shall be permitted in the M-2 Heavy Industrial District in accordance with section 4.13 of this ordinance.

D.

Conditional use. Conditional uses shall be permitted in the M-2 Heavy Industrial District in accordance with section 2.04.001 of this ordinance.