Diamond City Zoning Code

BUSINESS DISTRICTS

§ 151.090 B-1 RETAIL BUSINESS DISTRICT.

(A) Purpose. The B-1 District is established to provide areas for a wide range of retail stores and personal service establishments which are desirable to provide for both day-to-day and occasional shopping needs.

(B) Permitted uses. Permitted uses in the B-1 District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the B-1 District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Conditions of use. All uses permitted in this district, shall be retail and service establishments dealing directly with consumers and shall be subject to the following conditions:

(1) Outdoor sales and dining (seasonal) shall be permitted, provided that a plan is submitted and approved by the Zoning Administrator indicating:

(a) Where on the property the sales or dining will occur;

(b) The size and approximate dimensions of the area to be used for sales/dining;

(c) For outdoor dining, provisions for fencing, lighting, and other appropriate controls as determined by the Zoning Administrator; and

(d) The duration of the proposed outdoor sales or dining.

(2) Establishments of the “drive-in” type, offering goods or services directly to customers waiting in parked motor vehicles, are not permitted.

(3) There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.

(4) Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

(5) Any exterior sign displayed shall pertain only to a use conducted within the building.

(E) Bulk regulations. Bulk regulations in the B-1 District including regulations regarding lot area, lot width, lot depth, yard areas, and lot coverage are listed in § 151.093, Business district bulk regulations.

(F) Signs. Signs shall be permitted as allowed in §§ 151.150 - 151.161, Signs.

(G) Off-street parking and loading. Automobile parking facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.01, passed 6-23-2015)

§ 151.091 B-3 SERVICE BUSINESS DISTRICT.

(A) Purpose. The B-3 District is established primarily to furnish areas for a wide variety of necessary services, wholesale establishments, and other business uses which would be incompatible with the uses permitted in the B-1 District.

(B) Permitted uses. Permitted uses in the B-3 District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the B-3 District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Bulk regulations. Bulk regulations in the B-3 District including regulations regarding lot area, lot width, lot depth, yard areas, and lot coverage are listed in § 151.093, Business district bulk regulations.

(E) Signs. Signs shall be as permitted in §§ 151.150 - 151.161, Signs.

(F) Off-street parking and loading. Parking and loading facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.02, passed 6-23-2015)

§ 151.092 BT BUSINESS TRANSITION DISTRICT.

(A) Purpose. This district is intended to provide opportunities for the preservation of residential structures and neighborhood character while permitting conversion to a limited range of commercial uses in properties located along arterial streets.

(B) Permitted uses. Permitted uses in the BT District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the BT District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Conditions of use. The following regulations must be followed when developing within the BT District:

(1) Impact mitigation. The property must be capable of supporting the proposed use in a fashion that limits negative impacts on adjacent residential uses. Sensitive site design, screening, or landscaping will be required to mitigate such negative impacts;

(2) Preservation of significant structures. Wherever possible, the redevelopment of the lot should not result in demolition of the principal structure. Rehabilitation, restoration, or minor remodeling of the existing structure is encouraged;

(3) Preservation of significant features. Alterations should not obscure, remove, or modify features that contribute to the historic nature of the building or neighborhood; and

(4) Context. New or remodeled buildings must be designed to be residentially scaled and in character with the neighborhood.

(E) Bulk regulations. Bulk regulations in the BT District including regulations regarding lot area, lot width, lot depth, yard areas, and lot coverage are listed in § 151.093, Business district bulk regulations.

(F) Signs. Signs shall be as permitted in §§ 151.150 - 151.161, Signs.

(G) Off-street parking. Parking and loading facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.03, passed 6-23-2015)

§ 151.093 BUSINESS DISTRICT BULK REGULATIONS.

(A) B-1 Retail Business District; B-3 Service Business District.

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width	Minimum Lot Depth	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback	Maximu m Building Height
B-1 Retail Business District	-	-	-	20 ft. 1	10 ft. 2, 3	20 ft. 4	45 ft.
B-3 Service Business District	-	-	-	20 ft. 1	10 ft. 2, 3	20 ft. 4	45 ft.
1 Where lots front on the street and at least 80% of the frontage directly across the street between 2 consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.
2 Where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence district, a yard of not less than 10 feet shall be provided.
3 Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, the side yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.
4 Where a rear lot line coincides with a side lot line of property in an adjacent residential district, the rear yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

(B) BT Transition Business District.

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width	Minimum Lot Depth	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback	Maximu m Building Height
BT Transition Business District	-	-	-	30 ft.	15 ft.	30 ft.	35 ft.
1 Where lots front on the street and at least 80% of the frontage directly across the street between 2 consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.
2 Where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence district, a yard of not less than 10 feet shall be provided.
3 Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, the side yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.
4 Where a rear lot line coincides with a side lot line of property in an adjacent residential district, the rear yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

(Ord. 2015-08, § 10.02, passed 6-23-2015)

Diamond City Zoning Code

BUSINESS DISTRICTS

§ 151.090 B-1 RETAIL BUSINESS DISTRICT.

(B) Permitted uses. Permitted uses in the B-1 District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the B-1 District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Conditions of use. All uses permitted in this district, shall be retail and service establishments dealing directly with consumers and shall be subject to the following conditions:

(1) Outdoor sales and dining (seasonal) shall be permitted, provided that a plan is submitted and approved by the Zoning Administrator indicating:

(a) Where on the property the sales or dining will occur;

(b) The size and approximate dimensions of the area to be used for sales/dining;

(c) For outdoor dining, provisions for fencing, lighting, and other appropriate controls as determined by the Zoning Administrator; and

(d) The duration of the proposed outdoor sales or dining.

(2) Establishments of the “drive-in” type, offering goods or services directly to customers waiting in parked motor vehicles, are not permitted.

(3) There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.

(4) Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

(5) Any exterior sign displayed shall pertain only to a use conducted within the building.

(F) Signs. Signs shall be permitted as allowed in §§ 151.150 - 151.161, Signs.

(G) Off-street parking and loading. Automobile parking facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.01, passed 6-23-2015)

§ 151.091 B-3 SERVICE BUSINESS DISTRICT.

(B) Permitted uses. Permitted uses in the B-3 District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the B-3 District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(E) Signs. Signs shall be as permitted in §§ 151.150 - 151.161, Signs.

(F) Off-street parking and loading. Parking and loading facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.02, passed 6-23-2015)

§ 151.092 BT BUSINESS TRANSITION DISTRICT.

(B) Permitted uses. Permitted uses in the BT District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the BT District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Conditions of use. The following regulations must be followed when developing within the BT District:

(3) Preservation of significant features. Alterations should not obscure, remove, or modify features that contribute to the historic nature of the building or neighborhood; and

(4) Context. New or remodeled buildings must be designed to be residentially scaled and in character with the neighborhood.

(F) Signs. Signs shall be as permitted in §§ 151.150 - 151.161, Signs.

(G) Off-street parking. Parking and loading facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.03, passed 6-23-2015)

§ 151.093 BUSINESS DISTRICT BULK REGULATIONS.

(A) B-1 Retail Business District; B-3 Service Business District.

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width	Minimum Lot Depth	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback	Maximu m Building Height
B-1 Retail Business District	-	-	-	20 ft. 1	10 ft. 2, 3	20 ft. 4	45 ft.
B-3 Service Business District	-	-	-	20 ft. 1	10 ft. 2, 3	20 ft. 4	45 ft.
1 Where lots front on the street and at least 80% of the frontage directly across the street between 2 consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.
2 Where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence district, a yard of not less than 10 feet shall be provided.
3 Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, the side yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.
4 Where a rear lot line coincides with a side lot line of property in an adjacent residential district, the rear yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

(B) BT Transition Business District.

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width	Minimum Lot Depth	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback	Maximu m Building Height
BT Transition Business District	-	-	-	30 ft.	15 ft.	30 ft.	35 ft.
1 Where lots front on the street and at least 80% of the frontage directly across the street between 2 consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.
2 Where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence district, a yard of not less than 10 feet shall be provided.
3 Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, the side yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.
4 Where a rear lot line coincides with a side lot line of property in an adjacent residential district, the rear yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

(Ord. 2015-08, § 10.02, passed 6-23-2015)

Diamond City Zoning Code

BUSINESS DISTRICTS

§ 151.090 B-1 RETAIL BUSINESS DISTRICT.

(B) Permitted uses. Permitted uses in the B-1 District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the B-1 District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Conditions of use. All uses permitted in this district, shall be retail and service establishments dealing directly with consumers and shall be subject to the following conditions:

(1) Outdoor sales and dining (seasonal) shall be permitted, provided that a plan is submitted and approved by the Zoning Administrator indicating:

(a) Where on the property the sales or dining will occur;

(b) The size and approximate dimensions of the area to be used for sales/dining;

(c) For outdoor dining, provisions for fencing, lighting, and other appropriate controls as determined by the Zoning Administrator; and

(d) The duration of the proposed outdoor sales or dining.

(2) Establishments of the “drive-in” type, offering goods or services directly to customers waiting in parked motor vehicles, are not permitted.

(3) There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.

(4) Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

(5) Any exterior sign displayed shall pertain only to a use conducted within the building.

(F) Signs. Signs shall be permitted as allowed in §§ 151.150 - 151.161, Signs.

(G) Off-street parking and loading. Automobile parking facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.01, passed 6-23-2015)

§ 151.091 B-3 SERVICE BUSINESS DISTRICT.

(B) Permitted uses. Permitted uses in the B-3 District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the B-3 District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(E) Signs. Signs shall be as permitted in §§ 151.150 - 151.161, Signs.

(F) Off-street parking and loading. Parking and loading facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.02, passed 6-23-2015)

§ 151.092 BT BUSINESS TRANSITION DISTRICT.

(B) Permitted uses. Permitted uses in the BT District are listed in § 151.061, Zoning district use table.

(C) Special uses. Special uses in the BT District are listed in § 151.061, Zoning district use table, in accordance with the provisions of §§ 151.200 - 151.211, Administration.

(D) Conditions of use. The following regulations must be followed when developing within the BT District:

(3) Preservation of significant features. Alterations should not obscure, remove, or modify features that contribute to the historic nature of the building or neighborhood; and

(4) Context. New or remodeled buildings must be designed to be residentially scaled and in character with the neighborhood.

(F) Signs. Signs shall be as permitted in §§ 151.150 - 151.161, Signs.

(G) Off-street parking. Parking and loading facilities shall be provided as required or permitted in §§ 151.175 - 151.185, Off-Street Parking and Loading.

(Ord. 2015-08, § 8.03, passed 6-23-2015)

§ 151.093 BUSINESS DISTRICT BULK REGULATIONS.

(A) B-1 Retail Business District; B-3 Service Business District.

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width	Minimum Lot Depth	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback	Maximu m Building Height
B-1 Retail Business District	-	-	-	20 ft. 1	10 ft. 2, 3	20 ft. 4	45 ft.
B-3 Service Business District	-	-	-	20 ft. 1	10 ft. 2, 3	20 ft. 4	45 ft.
1 Where lots front on the street and at least 80% of the frontage directly across the street between 2 consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.
2 Where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence district, a yard of not less than 10 feet shall be provided.
3 Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, the side yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.
4 Where a rear lot line coincides with a side lot line of property in an adjacent residential district, the rear yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

(B) BT Transition Business District.

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width	Minimum Lot Depth	Minimum Front Yard Setback	Minimum Side Yard Setback	Minimum Rear Yard Setback	Maximu m Building Height
BT Transition Business District	-	-	-	30 ft.	15 ft.	30 ft.	35 ft.
1 Where lots front on the street and at least 80% of the frontage directly across the street between 2 consecutive intersecting streets is in a residence district, the front yard regulations for the residence districts shall apply to the said lots in the business district.
2 Where the extension of a front or side lot line coincides with the front line of an adjacent lot located in a residence district, a yard of not less than 10 feet shall be provided.
3 Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, the side yard shall be equal in dimensions to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.
4 Where a rear lot line coincides with a side lot line of property in an adjacent residential district, the rear yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

(Ord. 2015-08, § 10.02, passed 6-23-2015)