Elko New Market City Zoning Code
CHAPTER 26
BUSINESS DISTRICTS
ARTICLE C. B-3 ORIGINAL TOWNSITE DISTRICT
(Rep. by Ord. 244, 3-10-2022)
ARTICLE F. B-6 BUSINESS WAREHOUSING DISTRICT
(Rep. by Ord. 244, 3-10-2022)
11-26A-1: PURPOSE:
The purpose of the B-1 Neighborhood Business District is to provide for the establishment of local commercial centers complementary to and in harmony with adjacent residential uses and which deal directly with the customer for whom the goods or services are furnished. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26A-2: PERMITTED USES:
Subject to applicable provisions of this title, the following are permitted uses in the B-1 District:
Brewpubs.
Cannabis medical retailer/dispensary.
Cannabis retailer/dispensary.
Clinics.
Cultural establishment.
Daycare facilities.
Governmental and public utility buildings.
Lower-potency hemp edible retailer/dispensary.
More than one principal building on a base lot.
Office.
Personal services.
Personal wireless service antennas located on a public structure or existing tower.
Recreation, physical.
Restaurants.
Retail establishments.
Service establishment.
Veterinary clinic, without animal kennels. (Ord. 179, 10-25-2018; amd. Ord. 244, 3-10-2022; Ord. 309, 11-14-2024)
11-26A-3: PERMITTED ACCESSORY USES:
The following are permitted accessory uses in a B-1 District:
Accessory and secondary use antennas.
Accessory structures, but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
Ground source heat pump systems.
Off street parking and off-street loading.
Signs.
Solar energy systems.
Wind energy systems up to thirty-five feet (35') in height. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)
Wind energy systems up to thirty-five feet (35') in height. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)
11-26A-4: CONDITIONAL USES:
Subject to applicable provisions of this title, the following are conditional uses in the B-1 District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
Accessory drive-through facilities.
Accessory outdoor dining/seating, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Breweries, small, with taprooms.
Commercial car washes.
Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Event centers.
Microdistilleries with cocktail rooms.
Motor fuel stations.
Personal wireless service antennas not located upon a public structure or existing tower.
Private clubs or lodges.
Recreation, commercial.
Satellite antennas greater than two meters (2 m) in diameter. (Ord. 5, 12-14-2006; amd. Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022)
11-26A-5: INTERIM USES:
Subject to applicable provisions of this title, the following are interim uses in the B-1 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Mining and land reclamation. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26A-6: USES BY ADMINISTRATIVE PERMIT:
Subject to applicable provisions of this title, the following uses are allowed by administrative permit in a B-1 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Accessory outdoor dining/seating, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Temporary outdoor uses. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26A-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a B-1 District, subject to additional requirements, exceptions and modifications set forth in this title:
A. Lot area: Fifteen thousand (15,000) square feet.
B. Lot width: One hundred feet (100').
C. Setbacks:
1. From streets:
a. Arterial streets: Thirty-five feet (35').
b. Collector and local streets: Thirty feet (30').
2. Side yards: Twenty feet (20').
3. Rear yards: Thirty feet (30').
4. Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26A-8: BUILDING HEIGHT:
Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26B-1: PURPOSE:
The purpose of the B-2 downtown business district is to provide for a mix of business and multi-family housing in the downtown area of the city as directed by the city's downtown master plan. The downtown business district provides the highest density and greatest intensity of development within the city. The objective of this district is to preserve the small-town character through high design standards and a pedestrian oriented environment. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26B-2: PERMITTED USES:
Subject to applicable provisions of this title, the following are permitted uses in the B-2 district:
Bed and breakfast.
Brewpubs.
Cannabis medical retailer/dispensary.
Cannabis retailer/dispensary.
Clinics.
Cultural establishments.
Governmental and public utility buildings.
Lower-potency hemp edible retailer/dispensary.
More than one principal building on a base lot.
Off street parking lots as a principal use, with the exception of semitractors/semitrailers.
Office.
Personal services.
Personal wireless service antennas located on a public structure or existing tower.
Recreation, physical.
Residential dwellings which do not occupy the ground floor space of a building.
Restaurants.
Retail establishments.
Service establishments. (Ord. 66, 5-12-2011; amd. 2011 Code; Ord. 75, 8-25-2011; Ord. 80, 11-17-2011; Ord. 134, 5-26-2016; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022; Ord. 309, 11-14-2024)
11-26B-3: PERMITTED ACCESSORY USES:
Subject to applicable provisions of this title, the following are permitted accessory uses in the B-2 District:
Accessory or secondary use antennas as regulated by chapter 13 of this title.
Accessory structures.
Ground source heat pump systems.
Home occupations.
Keeping of animals.
Off street parking and off-street loading.
Play equipment accessory to a residential dwelling.
Signs.
Solar energy systems.
Wind energy systems up to forty-five feet (45') in height. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)
11-26B-4: CONDITIONAL USES:
Subject to applicable provisions of this title, the following are conditional uses in a B-2 district and require a conditional use permit based upon procedures set forth in and regulated by section 11-3-2 of this title:
Accessory outdoor dining/seating, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Breweries, small, with taprooms.
Daycare facilities.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Microdistilleries with cocktail rooms.
Personal wireless service antennas not located on a public structure or existing tower.
Private clubs or lodges.
Recreation, commercial.
Satellite antennas greater than two meters (2 m) in diameter. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 134, 5-26-2016; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022)
11-26B-5: INTERIM USES:
Subject to applicable provisions of this title, the following are interim uses in a B-2 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Animal shelters as an accessory to animal feed stores.
Mining and land reclamation. (Ord. 5, 12-14-2006; amd. Ord. 75, 8-25-2011; Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26B-6: USES BY ADMINISTRATIVE PERMIT:
Subject to applicable provisions of this title, the following uses are allowed by administrative permit in a B-2 district based upon procedures set forth in and regulated by section 11-3-4 of this title:
Accessory outdoor dining/seating, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five (35) kilovolts and up to one hundred (100) kilovolts.
Temporary outdoor uses. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26B-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a B-2 district, subject to additional requirements, exceptions and modifications set forth in this title:
A. Minimum Lot Area: None.
B. Minimum Lot Width: None.
C. Setbacks:
1. From streets:
a. Collector or arterial streets: Ten feet (10').
b. Local streets: None; except, that not less than eighty percent (80%) of lot frontage shall be built out to the property line.
2. Side yards: None.
3. Rear yard: None. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26B-8: BUILDING HEIGHT:
Except as otherwise provided in section 11-5-2 of this title, the following height requirements shall apply:
A. Minimum building height: Twenty feet (20').
B. Maximum building height: Forty-five feet (45'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26D-1: PURPOSE:
The purpose of the B-4 highway business district is to provide for commercial and service activities oriented to the traveling public and in close proximity to major streets, while creating an attractive "gateway" to the city which fosters high quality development of businesses, with careful attention to the appearance of the site and buildings. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26D-2: PERMITTED USES:
Subject to applicable provisions of this title, the following are permitted uses in the B-4 district:
Brewpubs.
Cannabis medical retailer/dispensary.
Cannabis retailer/dispensary.
Clinics.
Commercial kitchens.
Daycare facilities.
Event centers.
Funeral homes or mortuaries.
Governmental and public utility buildings and structures.
Lower-potency hemp edible retailer/dispensary.
More than one principal building on a base lot.
Motels and hotels.
Offices.
Personal services.
Personal wireless service antennas located on a public structure or existing tower.
Recreation, physical.
Research facility.
Restaurants.
Retail establishments.
Service establishments.
Sexually oriented business.
Veterinary clinics, without animal kennels. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 134, 5-26-2016; Ord. 179, 10-25-2018; Ord. 244, 3-10- 2022; Ord. 309, 11-14-2024)
11-26D-3: PERMITTED ACCESSORY USES:
Subject to applicable provisions of this title, the following are permitted accessory uses in the B-4 District:
Accessory and secondary use antennas.
Accessory structures, but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
Ground source heat pump systems.
Off street parking and off street loading.
Sexually oriented businesses.
Signs.
Solar energy systems.
Wind energy systems up to thirty-five feet (35') in height. (Ord. 5, 12-14-2006; amd. Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)
11-26D-4: CONDITIONAL USES:
Subject to applicable provisions of this title, the following are conditional uses in the B-4 District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
Accessory outdoor dining/seating, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Auto repair, minor or major.
Breweries, small, with taprooms.
Commercial car washes.
Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Hospitals.
Kennel, commercial animal.
Lumberyards.
Microdistilleries with cocktail rooms.
Ministorage/self-service storage facilities.
Motor fuel stations.
Motor vehicle sales.
Personal wireless service antennas not located upon a public structure or existing tower.
Private clubs or lodges.
Recreation, commercial.
Satellite antennas greater than two meters (2 m) in diameter.
Wind energy systems up to seventy-five feet (75') in height. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 134, 5-26-2016; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022)
11-26D-5: INTERIM USES:
Subject to applicable provisions of this title, the following are interim uses in the B-4 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Mining and land reclamation. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26D-6: USES BY ADMINISTRATIVE PERMIT:
Subject to applicable provisions of this title, the following uses are allowed by administrative permit in the B-4 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Accessory drive-through facilities.
Accessory outdoor dining/seating, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five (35) kilovolts and up to one hundred (100) kilovolts.
Temporary outdoor uses. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26D-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a B-4 district, subject to additional requirements, exceptions and modifications set forth in this title:
A. Lot Area: Twenty thousand (20,000) square feet.
B. Lot Width: One hundred twenty-five feet (125').
C. Setbacks:
1. From streets:
a. Arterial streets: Thirty-five feet (35').
b. Collector and local streets: Thirty feet (30').
2. Side yards: Ten feet (10'), except side yards abutting a residential district shall be no less than fifty feet (50').
3. Rear yards: Twenty-five feet (25'), except rear yards abutting a residential district shall be no less than fifty feet (50').
4. Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26D-8: BUILDING HEIGHT:
Structures shall not exceed thirty-five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26E-1: PURPOSE:
The purpose of the B-5 General Business District is to provide for the establishment of general commercial development which draw and serve customers from the entire community or region. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26E-2: PERMITTED USES:
Subject to applicable provisions of this title, the following are permitted uses in the B-5 District:
Brewpubs.
Cannabis medical retailer/dispensary.
Cannabis retailer/dispensary.
Clinics.
Cultural establishments.
Daycare facilities.
Funeral homes and mortuaries.
Governmental and public related utility buildings and structures.
Lower-potency hemp edible retailer/dispensary.
More than one principal building on a base lot.
Motels and hotels.
Offices.
Personal services.
Personal wireless service antennas located on a public structure or existing tower.
Recreation, physical.
Restaurants.
Retail establishments.
Service establishments.
Sexually oriented businesses.
Veterinary clinics, without animal kennels. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 134, 5-26-2016; Ord. 179, 10-25-2018; Ord. 244, 3-10- 2022; Ord. 309, 11-14-2024)
11-26E-3: PERMITTED ACCESSORY USES:
Subject to applicable provisions of this title, the following are permitted accessory uses in the B-5 District:
Accessory and secondary use antennas.
Accessory structures, but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
Ground source heat pump systems.
Off street parking and off-street loading.
Sexually oriented businesses.
Signs.
Solar energy systems.
Wind energy systems up to thirty-five feet (35') in height. (Ord. 5, 12-14-2006; amd. Ord. 39, 4-23-2009; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)
11-26E-4: CONDITIONAL USES:
Subject to applicable provisions of this title, the following are conditional uses in the B-5 district and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
Accessory outdoor dining/seating, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Auto repair, minor.
Breweries, small, with taprooms.
Commercial car washes.
Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Event centers.
Hospitals.
Kennel, commercial animal.
Microdistilleries with cocktail rooms.
Motor fuel stations.
Personal wireless service antennas not located upon a public structure or existing tower.
Private clubs or lodges.
Recreation, commercial.
Satellite antennas greater than two meters (2 m) in diameter.
Wind energy systems up to seventy-five feet (75') in height. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 134, 5-26-2016; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022)
11-26E-5: INTERIM USES:
Subject to applicable provisions of this title, the following are interim uses in the B-5 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Mining and land reclamation. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26E-6: USES BY ADMINISTRATIVE PERMIT:
Subject to applicable provisions of this title, the following uses are allowed by administrative permit in a B-5 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Accessory drive-through facilities.
Accessory outdoor dining/seating, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five (35) kilovolts and up to one hundred (100) kilovolts.
Temporary outdoor uses. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 74, 8-11-2011; Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26E-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a B-5 district, subject to additional requirements, exceptions and modifications set forth in this title:
A. Lot Area: Twenty thousand (20,000) square feet.
B. Lot Width: One hundred feet (100').
C. Setbacks:
1. From streets:
a. Arterial streets: Thirty-five feet (35').
b. Collector and local streets: Thirty feet (30').
2. Side yards: Ten feet (10'); except, that side yards abutting a residential district shall be no less than thirty feet (30').
3. Rear yard: Twenty feet (20'); except, that rear yards abutting a residential district shall be no less than thirty feet (30').
4. Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26E-8: BUILDING HEIGHT:
Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26G-1: PURPOSE:
The purpose of the B-6 business campus district is to provide for the mix of commercial and limited industrial uses in an environment which provides a high level of amenities, including landscaping, preservation of natural features, architectural controls, pedestrian trails, and other features. Limits will be placed on the type, size and intensity of uses in this district to ensure and protect compatibility with adjacent residential uses. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26G-2: PERMITTED USES:
Subject to applicable provisions of this title, the following are permitted uses in a B-6 district:
Auto repair, minor or major.
Cannabis cultivator (indoor).
Cannabis delivery service.
Cannabis manufacturer.
Cannabis medical cultivator.
Cannabis medical processor.
Cannabis medical retailer.
Cannabis mezzobusiness.
Cannabis microbusiness.
Cannabis retailer/dispensary.
Cannabis testing facility.
Cannabis transportation.
Cannabis wholesaler.
Contractor operations.
Commercial kitchens.
Event centers.
Governmental and public utility buildings and structures.
Lower-potency hemp edible manufacturer.
Lower-potency hemp edible retailer/dispensary.
More than one principal building on a base lot.
Motor vehicle sales.
Offices.
Personal wireless service antennas located on a public structure or existing tower.
Recreation, physical.
Research facility.
Service establishments.
Sexually oriented businesses.
Warehousing/distribution.
Wholesale showrooms. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022; Ord. 309, 11-14-2024; Ord. 323, 4-10-2025)
11-26G-3: PERMITTED ACCESSORY USES:
Subject to applicable provisions of this title, the following are permitted accessory uses in a B-6 district:
Accessory and secondary use antennas.
Accessory structures, but such use shall not exceed fifty percent (50%) of the gross floor space of the principal use.
Ground source heat pump systems.
Off street parking and off-street loading.
Retail.
Sexually oriented businesses.
Signs.
Solar energy systems.
Wind energy systems up to forty-five feet (45') in height. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 244, 3-10-2022)
11-26G-4: CONDITIONAL USES:
Subject to applicable provisions of this title, the following are conditional uses in the B-6 district and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
Breweries, small, with taprooms.
Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Hospitals.
Kennel, commercial animal.
Lumberyards.
Manufacturing, light.
Ministorage/self-service storage facilities.
Outdoor service, sale and rental as a principal or accessory use.
Outdoor storage as an accessory use.
Personal wireless service antennas not located upon a public structure or existing tower.
Private clubs or lodges.
Recreation, commercial.
Satellite antennas greater than two meters (2 m) in diameter.
Wind energy systems up to seventy-five feet (75') in height. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011; Ord. 179, 10-25-2018; Ord. 244, 3-10-2022; Ord. 309, 11-14-2024; Ord. 323, 4-10-2025)
11-26G-5: INTERIM USES:
Subject to applicable provisions of this title, the following are interim uses in the B-6 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Mining and land reclamation. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26G-6: USES BY ADMINISTRATIVE PERMIT:
Subject to applicable provisions of this title, the following uses are allowed by administrative permit in a B-6 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Temporary outdoor uses. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26G-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a B-6 District, subject to additional requirements, exceptions and modifications set forth in this title:
A. Lot Area: Thirty thousand (30,000) square feet.
B. Lot Width: One hundred feet (100').
C. Setbacks:
1. From streets:
a. Arterial streets: Forty-five feet (45').
b. Collector and local streets: Thirty feet (30').
2. Side yards: Twenty feet (20'); except, that side yards abutting a residential district shall be no less than fifty feet (50').
3. Rear yards: Twenty feet (20'); except, that rear yards abutting a residential district shall be no less than fifty feet (50').
4. Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3- 10-2022)
11-26G-8: BUILDING HEIGHT:
Structures shall not exceed forty five feet (45') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)
11-26G-9: MAXIMUM BUILDING SIZE:
Principal buildings shall not exceed a building footprint of one hundred thousand (100,000) square feet. The building footprint shall be considered the area lying within a perimeter of pier foundation. Roof overhangs, eaves and cantilevers projecting beyond the building footprint shall not be considered in the calculation of principal building footprint. (Ord. 244, 3-10-2022)
11-26H-1: PURPOSE:
The purpose of the B-7 Mixed Use Business District is to provide for the establishment of general commercial development which draws and serves customers from the entire community or region, while also providing for integrated high density residential housing. The district is intended to allow for a greater concentration of activity in a primarily commercial area of the City by allowing multifamily housing to be located above the first floor of commercial uses. (Ord. 295, 5-23-2024)
11-26H-2: PERMITTED USES:
Subject to applicable provisions of this title, the following are permitted uses in the B-7 District:
Brewpubs.
Cannabis medical retailer/dispensary.
Cannabis retailer/dispensary.
Clinics.
Cultural establishments.
Daycare facilities.
Funeral homes and mortuaries.
Governmental and public related utility buildings and structures.
Lower-potency hemp edible retailer/dispensary.
More than one principal building on a base lot.
Motels and hotels.
Offices.
Personal services.
Personal wireless service antennas located on a public structure or existing tower.
Recreation, physical.
Residential dwellings which do not occupy the ground floor space of a building
Residential programs as regulated by State Statute.
Restaurants.
Retail establishments.
Service establishments.
Sexually oriented businesses.
Veterinary clinics, without animal kennels. (Ord. 295, 5-23-2024; amd. Ord. 309, 11-14-2024)
11-26H-3: PERMITTED ACCESSORY USES:
Subject to applicable provisions of this title, the following are permitted accessory uses in the B-7 District:
Accessory and secondary use antennas.
Accessory structures, but such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
Boarding or renting of rooms to not more than two (2) individuals per dwelling unit.
Daycare facilities (in home) as regulated by State Statute.
Ground source heat pump systems.
Home Occupations
Keeping of animals
Off-street parking and off-street loading.
Play equipment accessory to an existing permitted use.
Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof as regulated by chapter 14 of this title.
Sexually oriented businesses.
Signs.
Solar energy systems.
Wind energy systems up to forty feet (35') in height. (Ord. 295, 5-23- 2024)
11-26H-4: CONDITIONAL USES:
Subject to applicable provisions of this title, the following are conditional uses in the B-7 district and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:
Accessory outdoor dining/seating, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which exceeds fifteen percent (15%) of the gross floor area of the principal use.
Auto repair, minor.
Breweries, small, with taprooms.
Commercial car washes.
Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter.
Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).
Event centers.
Hospitals.
Kennel, commercial animal.
Microdistilleries with cocktail rooms.
Motor fuel stations.
Personal wireless service antennas not located upon a public structure or existing tower.
Private clubs or lodges.
Recreation, commercial.
Satellite antennas greater than two meters (2 m) in diameter.
Wind energy systems up to seventy-five feet (75') in height. (Ord. 295, 5-23-2024)
11-26H-5: INTERIM USES:
Subject to applicable provisions of this title, the following are interim uses in the B-7 District and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:
Mining and land reclamation. (Ord. 295, 5-23-2024)
11-26H-6: USES BY ADMINISTRATIVE PERMIT:
Subject to applicable provisions of this title, the following uses are allowed by administrative permit in a B-7 District based upon procedures set forth in and regulated by section 11-3-4 of this title:
Accessory drive-through facilities.
Accessory outdoor dining/seating, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Accessory outdoor sales and display, the area of which does not exceed fifteen percent (15%) of the gross floor area of the principal use.
Essential services, except transmission pipelines and transmission or substation lines in excess of thirty-five (35) kilovolts and up to one hundred (100) kilovolts.
Temporary outdoor uses. (Ord. 295, 5-23-2024)
11-26H-7: LOT AREA, WIDTH AND SETBACK REQUIREMENTS:
The following minimum requirements shall be observed in a B-7 district, subject to additional requirements, exceptions and modifications set forth in this title:
A. Lot Area: Twenty thousand (20,000) square feet.
B. Lot Width: One hundred feet (100').
C. Setbacks:
1. From streets:
a. Arterial streets: Thirty-five feet (35').
b. Collector and local streets: Thirty feet (30').
2. Side yards: Ten feet (10'); except, that side yards abutting a street shall be no less than thirty feet (30').
3. Rear yard: Twenty feet (20'); except that rear yards abutting a street shall be no less than thirty feet (30').
4. Setback between buildings: For lots with more than one principal structure on a base lot, the setback between buildings shall be a minimum of twenty feet (20'). (Ord. 295, 5-23-2024)
11-26H-8: BUILDING HEIGHT:
Structures shall not exceed forty feet (45') in height, except as provided in section 11-5-2 of this title. (Ord. 295, 5-23-2024)