The purpose of the commercial zones is to provide for the retail and service needs of the community in accordance with the Fruitland comprehensive plan. The following zones are designated. The purpose of these zones is as follows:

   A.   General commercial (C): To provide areas in which all types of allowable retail businesses, offices and services can be conducted.

   B.   Neighborhood commercial (CN): To establish regulations in addition to those established by the general commercial zone. Generally small scale convenience centers with limited hours of operation in neighborhood areas not otherwise served conveniently by general commercial. Prohibited features include drive-up service windows and exterior speakers that are associated with business operations.

   C.   Downtown commercial (CD): To promote customer oriented business activities which are appropriate to the downtown business zone. The intent is to provide opportunities for the development of a unified central business environment that is more pedestrian-friendly than the general commercial zone. (1984 Code § 11-2A-1; amd. Ord. 682, 5-10-2021)

   A.   Permitted uses and accessory uses shall be reviewed in accordance with regulations applying to this zone, chapters 7, “Commercial And Industrial Development Regulations”, and 2, “Administration And Enforcement”, of this title. It shall be unlawful and a violation for any person to conduct in a commercial zone any permitted or accessory use unless such person first obtains each and every applicable permit from the city.

   B.   Conditional uses shall be approved in accordance with the procedures and regulations for conditional uses set forth. It shall be unlawful and a violation for any person to conduct in a commercial zone any conditional use unless such person shall first obtain a conditional use permit from the city.

   C.   Any use not explicitly listed, or listed as a prohibited use, in this section is prohibited in all commercial zones. It shall be unlawful and a violation for any person to conduct in a commercial zone any prohibited use.

   D.   Interpretation of the inclusion or exclusion of allowed uses shall be made by the zoning administrator and based on the zoning administrator’s findings.

   E.   For uses that may fall into more than one category, the zoning administrator shall determine the most appropriate category based on the more restrictive standards.

   F.   Table 1 of this section lists principal permitted uses within each commercial zone.

   TABLE 1
   PERMITTED USES IN COMMERCIAL ZONES

 

   G.   The following uses and structures in table 2 of this section may be permitted subsequent to issuance of a conditional use permit:

   TABLE 2
   CONDITIONAL USES IN COMMERCIAL ZONES

 

(1984 Code § 11-2A-2; amd. 2014 Code; Ord. 593, 4-13-2015; Ord. 682, 5-10-2021)

The standards for all development in the commercial districts shall be as follows:

   A.   Dimensional Standards:

      1.   Requirements: Table 1 of this section shall be used for determining required setbacks, street landscape buffers adjacent to residential zones and maximum building height standards for development in each of the respective commercial districts.

   TABLE 1
   DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS

 

      2.   Encroachments Allowed In Any Setback: Fire escapes may project a distance not exceeding one foot (1').

      3.   Maximum Height Limit:

         a.   The maximum height limitations shall not apply to the following architectural features not intended for human occupation: steeple, belfry, cupola and chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roofline.

         b.   The maximum height limitations shall not apply to the following: spire; amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy.

         c.   Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested requires approval through a conditional use permit.

   B.   Hours Of Operation: Business hours of operation within the Neighborhood Commercial (CN) district shall be limited from six o’clock (6:00) A.M. to ten o’clock (10:00) P.M. This restriction applies to all business operations occurring outside an enclosed structure, including, but not limited to, trash compacting and deliveries. This restriction does not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning, bookkeeping and after hours work by a limited number of employees. (1984 Code § 11-2A-3; amd. Ord. 613, 7-11-2016; Ord. 682, 5-10-2021)

This article establishes provisions, regulations and requirements for the establishment and continuance of uses and structures in the industrial zones. The following industrial zones exist. It is intended that these zones will develop with sufficient urban services. Furthermore, the purpose of these zones is as follows:

   A.   Light Industrial Zone (LI): The purpose of the LI zone is to provide for convenient employment centers of light industrial uses, such as light manufacturing, research and development, warehousing, light industrial parks and distributing. The LI zone is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this zone.

   B.   Heavy Industrial Zone (HI): The purpose of the HI zone is to allow for more intensive industrial uses, such as processing and manufacturing, to support agricultural, commercial and light industrial uses and activities, provide for the existing manufacturing and heavy distribution centers that exist along major transportation corridors. These areas require buffering from residential uses to mitigate the effects of noise, vibration, traffic, odor, dust, smoke or glare that is typically associated with the uses allowed in the HI zone. Accessibility to transportation systems is a requirement of this zone. (1984 Code § 11-2B-1)

   A.   Permitted Uses In LI Zone: The following uses and structures are permitted on each building site in the light industrial zone (LI) as follows:

   Automobile painting, upholstering, repair, reconditioning and body and fender work when done within the confines of an enclosed structure.

   Bakeries, wholesale.

   Beverage bottling, canning, packaging and distributing stations.

   Box manufacturing.

   Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment, maintenance or operating equipment of public agencies or public utilities, or materials or equipment of a similar nature.

   Call centers.

   Canvas goods fabrications.

   Carpet and rug cleaners.

   Cement block manufacture, when done wholly within a building.

   Cleaning and dyeing establishments.

   Clothing and dress manufacturing.

   Drapery and bedding manufacturing.

   Electrical appliance and electronic instrument assembly.

   Food processing and dehydrating for human consumption, but not including the processing of sauerkraut, fish products, gelatin, sausage, casings for animal products, starch, dextrin, glucose, sugar, vinegar, yeast and the rendering or refining of fats and oils.

   Freight, express hauling or storage yards.

   Furniture manufacturing and upholstering.

   Grain elevators.

   Greenhouses, wholesale growers.

   Ice manufacturing.

   Laboratories for scientific experiments.

   Machine shops and metal manufacturing, when not equipped with heavy presses, drop forges, screw machines, riveting machines or any other equipment which may create vibration or noise disturbing adjacent property occupants.

   Medical laboratories and facilities, including prosthesis manufacture.

   Mini storages.

   Packaging facilities.

   Plastic products manufacturing, but not including the processing of raw materials.

   Printing, binding and publishing of periodicals, books and reading matter.

   Printing of tags, forms, calendars and other products for commercial use.

   Public utility electric substations and distributing centers, gas regulation centers and underground gas holder stations.

   Research or technology parks, or industrial developments which combine one or more uses principally permitted in the light industrial (LI) or commercial (C, CN, CD) zones.

   Residential: One residential dwelling unit may be maintained as an accessory use for an employed caretaker of a storage unit facility with a minimum of fifty (50) storage units.

   Restaurants.

   Retail sales and service.

   Seed cleaning and shipping facilities.

   Stone, granite and marble grinding and cutting.

   Storage and sale of automobiles, trailers, farm implements and equipment and other equipment on an open lot.

   Storage of household goods and warehouses.

   Theaters.

   Upholstering.

   Warehousing.

   Window and shade manufacturing.

   B.   Permitted Uses In HI Zone: The following uses and structures are permitted on each building site in the heavy industrial (HI) zone as follows:

   All uses listed in subsection A of this section.

   Heating and sheet metal fabrications.

   Storage of flammable liquids, fats or oils in tanks, each of fifty thousand (50,000) gallons’ or less capacity, but only after the location and protective measures have been approved by all applicable government entities.

   The manufacture, compounding and assembling or treatment of articles of merchandise from the following list of previously prepared materials: bond, cellophane, canvas, cloth, cork, feathers, felt, fibers, furs, glass, hair, horn, tanned leather, paper, plastics, precious or semiprecious metals or stones, shells, textiles, wood (excluding planer mills) and yards.

   The manufacture of cosmetics and pharmaceuticals.

   The manufacture of pottery and figurines or any other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

   Tool and die shops.

   Truck and bus storage yards.

   Any other manufacturing establishment that can be operated without creating objectionable noise, dust, smoke, gas fumes or vapor and that has a use compatible with the use and occupancy of adjoining properties.

   C.   Conditional Uses In LI Zone: The following uses and structures are permitted on each building site pursuant to issuance of a conditional use permit in the light industrial (LI) zone:

   Recreational uses.

   Truck stops.

   D.   Residential Use Prohibited: All residential uses shall be prohibited in the industrial zones. (1984 Code § 11-2B-2; amd. Ord. 593, 4-13-2015; Ord. 682, 5-10-2021; Ord. 699, 6-12-2023)

   A.   Dimensional Standards:

      1.   Requirements: Table 1 of this section shall be used for determining required setbacks, street landscape buffers and maximum building height standards for development in each of the industrial zones. (1984 Code § 11-2B-3)

TABLE 1
DIMENSIONAL STANDARDS IN THE INDUSTRIAL DISTRICTS

 

      2.   Maximum Height Limit:

         a.   The maximum height limitations shall not apply to the following architectural features not intended for human occupation: steeple, belfry, cupola, and chimney. Such architectural features shall have a maximum height limit of twenty feet (20') as measured from the roofline.

         b.   The maximum height limitations shall not apply to the following: spire; amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy.

         c.   No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and takeoff of aircraft in an established airport or medical heliport.

         d.   Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the zoning administrator through the alternative compliance procedures set forth. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers.

         e.   Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space requires approval through a conditional use permit. (1984 Code § 11-2B-3; amd. Ord. 613, 7-11-2016; Ord. 682, 5-10-2021)