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Deer Park City Zoning Code

ARTICLE 7

- COMMERCIAL DISTRICTS4

Footnotes:
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Editor's note— For purposes of organizational clarity, at the editor's discretion § 7.01 has been codified as part of a newly created Div. 1, Generally, with former § 7.02 redesignated as Div. 2, District Descriptions, comprised of §§ 7.02.1—7.02.4.


7.01. - Purposes.

The commercial districts established under Article 7 are designed to further the general purpose of this ordinance and more particularly to achieve the following purposes:

1.

Help meet the requirements for commercial services and goods of the Deer Park trade area by making available a wide range of suitable sites for commercial activities.

2.

Help develop sound, efficient, and stable commercial areas and to minimize the possibly adverse effects of commercial uses on other land uses and thoroughfares, by various means, including the following:

a.

Differentiating among the types and purposes of commercial districts and providing districts permitting only certain carefully limited uses to fulfill such purposes;

b.

Requiring the meeting of performance standards with respect to permitted uses, in order to protect other uses from fire and other hazards and from adverse influences;

c.

Establishing bulk and area controls to help minimize congestion and to encourage compatibility between adjoining districts;

d.

Required off-street loading and parking facilities in most districts to minimize congestion and facilitate traffic flow;

e.

Controlling the number, area, location, and types of signs permitted;

f.

Providing for freedom of architectural and site design; and

g.

Protecting the character of commercial districts and their peculiar suitability for commercial uses.

3.

To provide opportunities for investment, including maximum choice of sites consistent with sound development of residential areas and thoroughfares.

7.02.1. - Office and Professional (OP) District.

7.02.1.1.

Permitted Uses.

7.02.1.1.1.

Principal Uses. Principal uses permitted in an OP district are limited to those included in the use groups set forth below, subject to the indicated district regulations. Detailed lists of permitted uses in the use groups are set forth in Article 12.

Use Groups District Regulations
Group 1. Agriculture (field crops, etc.) None
Group 10. Community Facilities Specific use permit by City Council, & conditions as indicated in Article 12
Group 11. Community Facilities Same as Group 10
Group 12. Public Utility & Related Facilities Same as Group 10
Group 13. Off-street Parking Accessory, Special Specific use permit by City Council, & conditions as set forth in Section 16.09
Group 14. Medical Offices & Related Facilities None
Group 15. General Offices & Related Facilities None

 

7.02.1.1.2.

Accessory Uses. Accessory uses to any of the above principal uses.

7.02.1.2.

Bulk and Area Regulations. In an OP district, any use of land or structures shall be subject to the following bulk and area regulations:

7.02.1.3.

Nonresidential Buildings.

Front Yard* 40 feet
Side Yard, Interior* (adjacent to residential) 10 feet
Side Yard, Interior* (adjacent to commercial) 5 feet
Side Yard, Exterior* 10 feet
Side Yard, Exterior* (corner lot, on thoroughfares) 40 feet
Rear Yard* 12 feet
Height 60 feet

 

*Apply regulations under Sections 15.03.3, 15.04.2, and 15.05.03 when abutting a predevelopment or residential district.

7.02.1.4.

Residential Buildings. The bulk and area provisions of the SF2 districts shall apply.

7.02.1.5.

Off-street Parking and Loading Requirements. The number of off-street parking spaces required shall be as set forth in Article 12, and developed as provided by Section 16.09. Off-street loading requirements are set forth in Section 16.09.

7.02.2. - Neighborhood Shopping (NS) District.

7.02.2.1.

Permitted Uses.

7.02.2.1.1.

Principal Uses. Principal uses permitted in an NS district are limited to those included in the use groups set forth below, subject to the included district regulations. Detailed lists of permitted uses in the use groups are set forth in Article 12.

Use Groups District Regulations
Group 1. Agriculture (field crops, etc.) None
Group 10. Community Facilities Specific use permit by City Council & conditions as indicated in Article 12
Group 11. Community Facilities Specific use permit by City Council & conditions as indicated in Article 12
Group 12. Public Utility & Related Facilities Specific use permit by City Council, & conditions as indicated in Article 12
Group 14. Medical Offices & Related Offices None
Group 15. General Offices & Related Facilities None
Group 16. Convenience Goods & Services None

 

7.02.2.1.2.

Accessory Uses. Accessory uses to any of the above principal uses.

7.02.2.2.

Bulk and Area Regulations. In an NS district any use of land or any structure shall be subject to the following bulk and area regulations:

7.02.2.3.

Nonresidential Buildings.

Front Yard* 40 feet
Side Yard, Interior* (adjacent to residential) 10 feet
Side Yard, Interior* (adjacent to commercial) 5 feet
Side Yard, Exterior* 10 feet
Side Yard, Exterior* (corner lot, on thoroughfares) 40 feet
Rear Yard* 12 feet
Height 35 feet

 

*Apply regulations under Sections 15.03.3, 15.04.2, and 15.05.03 when abutting a predevelopment or residential district.

7.02.2.4.

Off-street Parking and Loading Requirements. The number of off-street parking spaces required shall be as set forth in Article 12, and developed as provided in Section 16.09. Off-street loading requirements are set forth in Section 16.09.

7.02.3. - Highway (HD) District.

7.02.3.1.

Permitted Uses.

7.02.3.1.1.

Principal Uses. Principal uses permitted in an HD district are limited to those included in use groups set forth below, subject to the indicated district regulations. Detailed lists of permitted uses in the use groups are set forth in Article 12.

Use GroupsDistrict Regulations
Group 1. Agriculture (field crops, etc.) None
Group 8. Hotel & Transient Housing None
Group 10. Community Facilities Specific use permit by City Council, & conditions as indicated in Article 12
Group 11. Community Facilities Same as Group 10
Group 12. Public Utility & Related Facilities Same as Group 10
Group 14. Medical Offices & related Facilities None
Group 15. General Offices & related Facilities None
Group 16. Convenience Goods & Services None
Group 17. Eating Places with Beer & Wine Eating places serving alcoholic beverages must be enclosed food establishments that receive a minimum of 51 percent of their monthly gross receipts for the sale of service of food, without dancing, except where there is a private party
Group 18. Shopping-type Consumer Goods & Related Services None
Group 19. Service Stations & Drive-in Restaurants Conditions as indicated in Article 12
Group 23. Automobile Sales & Service Establishments None
Group 28. Outdoor Advertising Conditions as set forth in Section 14.22
Group 30. Manufactured Homes & Trailers None

 

7.02.3.1.2.

Accessory Uses. Accessory uses to any of the above principal uses.

7.02.3.2.

Bulk and Area Regulations. In an HS district, any use of land or any structure shall be subject to the following bulk and area regulations:

Front Yard* 40 feet
Side Yard, Interior* (adjacent to residential) 10 feet
Side Yard, Interior* (adjacent to commercial) 5 feet
Side Yard, Exterior* 10 feet
Side Yard, Exterior* (corner lot, on thoroughfares) 40 feet
Rear Yard* 12 feet
Height 35 feet

 

*Apply regulations under Sections 15.03.3, 15.04.2, and 15.05.03 when abutting a predevelopment or residential district.

7.02.3.3.

Off-street Parking and Loading Requirements. The number of off-street parking spaces required shall be as set forth in Article 12 and developed as provided by Section 16.09. Off-street loading requirements are set forth in Section 16.09.

7.02.4. - General Commercial (GC) District.

7.02.4.1.

Permitted Uses.

7.02.4.1.1.

Principal Uses. Principal uses permitted in a GC district are limited to those included in the use groups set forth below, subject to the indicated district regulations. Detailed lists of permitted uses in the use groups are set forth in Article 12.

Use GroupsDistrict Regulations
Group 1. Agriculture (field crops, etc.) None
Group 10. Community Facilities Specific use permit by City Council, & conditions as indicated in Article 12
Group 11. Community Facilities Same as Group 10
Group 12. Public Utility & Related Facilities Same as Group 10
Group 14. Medical Offices & Related Facilities None
Group 15. General Offices & Related Facilities None
Group 16. Convenience Goods & Services None
Group 18. Shopping-type Consumer Goods & Related Services None
Group 19. Service Stations & Drive-in Restaurants Conditions as indicated in Article 12
Group 20. Local Consumer Services Conditions as indicated in Article 12
Group 21. Major Commercial Recreation Facilities Specific use permit by City Council, & conditions as indicated in Article 12
Group 23. Automobile Sales & Related Service Establishments None
Group 33. Light specialty shops Specific use permit by City Council

 

7.02.4.1.2.

Accessory Uses. Accessory uses to any of the above principal uses.

7.02.4.2.

Bulk and Area Regulations. In a GC district any use of land or any structure shall be subject to the following bulk and area regulations:

Front Yard* 40 feet
Side Yard, Interior* (adjacent to residential) 10 feet
Side Yard, Interior* (adjacent to commercial) 5 feet
Side Yard, Exterior* 10 feet
Side Yard, Exterior* (corner lot, on thoroughfares) 40 feet
Rear Yard* 12 feet
Height 35 feet

 

*Apply regulations under Sections 15.03.3, 15.04.2, and 15.05.03 when abutting a predevelopment or residential district.

7.02.4.3.

Off-street Parking and Loading Requirements. The number of off-street parking spaces required shall be as set forth in Article 12 and developed as provided by Section 16.09. Off-street loading requirements are set forth in Section 16.09.

7.02.4.4.

The following uses may be allowed pursuant to an ordinance adopted by council, following public hearings and passage of an ordinance by council on the application pursuant to Appendix A—Zoning Ordinance, Section 19.

1.

Shipping containers. Shipping containers may be allowed in the General Commercial District (GC) for outdoor storage purposes subject to compliance with all the following requirements:

a.

The commercial use must be a minimum of 25 acres in size;

b.

Shipping containers must be located behind the primary structure;

c.

Shipping containers must be fenced and screened from public view along public rights-of-way by an opaque fence that is a minimum of eight feet in height, measured from the ground;

d.

Shipping containers shall not be placed in required loading zones, parking areas, easements, internal street lanes, or fire lanes;

e.

Shipping containers shall be placed only on cast in place concrete or asphalt surface;

f.

Shipping containers shall not exceed 40 in number at any time;

g.

Shipping containers shall not be stacked;

h.

Shipping containers will be allowed for no more than 100 consecutive days, once a year, which time shall include mobilization and demobilization. The 100 days begins on delivery of first container and ends on removal of the last container.

i.

Shipping container placement must meet all applicable permanent construction setback requirements of city codes.

(Ord. No. 3934 , § 1, 10-17-2016)

7.02.5. - Community Service (CS) District.

7.02.5.1.

Permitted uses.

7.02.5.1.1.

Principal uses. Principal uses permitted in a CS district are limited to those included in the use groups set forth below, subject to the included district regulations.

Detailed lists of permitted uses in the various use groups are set forth in article 12.

Use GroupsDistrict Regulations
Group 1. Agriculture (field crops, etc.) None
Group 10. Community facilities Specific use permit by city council, and conditions as indicated in article 12
Group 11. Community facilities Same as Group 10
Group 12. Public utility and related facilities Same as Group 10
Group 14. Medical offices and related facilities None
Group 15. General offices and related facilities None
Group 16. Convenience goods and services None
Group 20. Local consumer services Conditions as indicated in article 12

 

7.02.5.1.2.

Accessory uses. Accessory uses to any of the above principal uses.

7.02.5.2.

Bulk and area regulations. In a CS district, any use of land or any structure shall be subject to the following bulk and area regulations:

Front yard* 40 feet
Side yard, interior* (adjacent to residential) 10 feet
Side yard, interior* (adjacent to commercial) 5 feet
Side yard, exterior* 10 feet
Side yard, exterior* (corner lot, on thoroughfares) 40 feet
Rear yard* 12 feet
Height 35 feet

 

*Apply regulations under sections 15.03.3, 15.04.2 and 15.05.3 when abutting a predevelopment or residential district.

7.02.5.3.

Off-street parking and loading requirements. The number of off-street parking spaces required shall be as set forth in article 12 and developed as provided by section 16.09. Off-street loading requirements are set forth in section 16.09.

(Ord. No. 4045 , § 1(Exh. A), 1-15-2019)