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Erwin City Zoning Code

ARTICLE IX

NEIGHBORHOOD BUSINESS B-1

Sec. 36-236.- Intent.

This district is established to promote and protect small commercial and service uses providing convenience type goods to surrounding residential districts.

(Code 1977, § 9-4029.1)

Sec. 36-237. - Permitted principal uses and structures.

The following are permitted principal uses and structures:

(1)

Small retail stores and shops and service establishments whose operation is conducted entirely within an enclosed building.

(2)

Offices for business and professional purposes.

(3)

Principal uses permitted in the R-6 district, with the exception of Class A manufactured homes.

(4)

Family care home.

(5)

Public facilities.

(6)

Bed and breakfast.

(7)

Mobile food vendors.

(8)

Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300-foot radius measured from the center of the property of another day care center, day nursery, preschool, or similar use.

(9)

Customary home occupations.

(Code 1977, § 9-4029.2; ZT-2013-005 , § 2, 10-3-2013; Ord. No. 2023-2024-001 , 7-6-2023)

Sec. 36-238. - Permitted accessory uses and structures.

The following are permitted accessory uses and structures:

(1)

Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued.)

(2)

Commercial signs customarily incidental to a business establishment subject to the provisions of article XIX of this chapter.

(Code 1977, § 9-4029.3)

Sec. 36-239. - Special uses.

The following are conditional uses:

(1)

Convenience store.

(Code 1977, § 9-4029.4; Ord. of 11-20-2014; Res. No. 2021-2022-001 , 7-1-2021; Ord. No. 2023-2024-001 , 7-6-2023)

Sec. 36-240. - Dimensional requirements.

The following regulations shall govern all permitted and conditional uses in this district:

(1)

Minimum lot area: 6,000 square feet (0.138 acres).

(2)

Minimum lot width: 50 feet.

(3)

Minimum required front yard: 20 feet.

(4)

Minimum required rear yard: 30 feet.

(5)

Minimum required side yard: There shall be no required side yard except where a lot abuts a residentially zoned lot. In such instance, the abutting side yard shall be at least 12 feet wide.

(6)

Maximum building height: 35 feet.

The maximum height of any structure shall be the same as required by the underlying zoning district unless otherwise stated herein. Non-residential buildings located within the areas identified Medium Intensity, High Intensity, Downtown, and Employment Center Land Use Classifications are exempt from the district height requirement if they conform to the following:

a.

Highest point of the building shall not exceed 80 feet.

All setbacks shall be measured from either the property line or public right-of-way whichever is closer. If no public right-of-way exists then the measurement will be taken from the access easement line.

(Code 1977, § 9-4029.5; Ord. of 8-2-2012; Ord. No. 2019-2020-007 , 3-5-2020)

Sec. 36-241. - Buffers.

(a)

Buffer strips as herein defined shall be required in this district for all uses where they abut land which is zoned residential.

(b)

The buffering requirement may be waived by the board of adjustment along any boundary which is naturally screened by evergreen plant materials or topography or may be deferred in isolated areas.

(c)

Refer to article XV of this chapter for additional landscaping requirements.

(Code 1977, § 9-4029.6; Ord. of 12-10-2009)

Sec. 36-242. - Off-street parking and loading.

Refer to article XVIII of this chapter.

(Code 1977, § 9-4029.7)

Sec. 36-243. - Signs.

Refer to article XIX of this chapter.

(Code 1977, § 9-4029.8)

Sec. 36-244. - Lights.

Refer to article XVII of this chapter.

(Code 1977, § 9-4029.9)

Sec. 36-245. - General provisions.

Refer to article XV of this chapter.