(a)

For purposes of this Code, the Town is divided into four zoning districts as shown on the zoning map, which, together with all explanatory matter thereon, is adopted and declared to be part of this Chapter. The zoning districts shall be known as follows:

(1)

Residential - R.

(2)

Residential-Business - R-B.

(3)

Business - B.

(4)

Commercial - C.

(b)

The official zone map shall be identified by the signature of the Mayor, attested by the Town Clerk and bearing the seal of the Town under the following words:

This is to certify that this is the official zoning map referred to in Chapter 16, Article 2, of the Land Use Code of the Town of Garden City.

(Ord. No. 07-2009, Art. II, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Boundaries of the zoning districts are shown upon the designated zoning district map, and all future changes of any zoning district shall be reflected on the zoning district map. The district boundary line on the map shall be determined by the scale of the map. In case of uncertainty as to the boundary line, the location shall be determined as follows: where such boundary approximately follows a street or alley line, the center of such street or al-ley line shall be construed to be such boundary. In case of further uncertainty, its location shall be determined by the Board of Trustees.

(b)

Except as herein provided, no building shall be erected, structurally altered or moved; nor shall any building or land be used for any purpose other than the purpose permitted in the district in which such building or land is located.

(c)

Changes in the boundaries of the zoning district map shall be made only by ordinance, and such changes shall be made on the official zoning map promptly after the amendment has been approved by the Board of Trustees, together with an entry giving the number of the ordinance and date of adoption.

(d)

The official zoning map shall be located in the office of the Town Clerk.

(Ord. No. 07-2009, Art. II, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted in the Residential District:

(1)

Single-family dwellings.

(2)

Accessory buildings which are accessory to the single-family use.

(3)

Public service facilities, including, by way of example, community buildings, museums, libraries, parks and churches.

(Ord. No. 07-2009, Art. III, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted by special review in the Residential District:

(1)

Home occupations when conducted entirely within a dwelling carried on by the inhabitants living there and the home occupation is incidental and secondary to the use of the dwelling, and when such use does not exceed 20 percent of the floor area of the dwelling except when the dwelling is used as a board and care home or day care home. In certain instances, an accessory building may be used as a home occupation. Any home occupation shall be allowed one sign not larger than two square feet, and there shall be no exterior storage of material or equipment used as part of the home occupation and no offensive noise, vibrations, smoke, dust, odor or change to the neighborhood as a result of the home occupation. Off-street parking may be required.

(2)

Telecommunications facilities.

(3)

Long-term care facilities.

(4)

Group homes.

(5)

Day care homes.

(6)

Recreational facilities, including, by way of example, parks.

(7)

Gymnasiums and fitness centers.

(8)

Schools.

(9)

Churches.

(10)

Parks.

(11)

Playgrounds.

(Ord. No. 07-2009, Art. III, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Site plans shall be required for all development of new facilities or buildings in the Residential District.

(Ord. No. 07-2009, Art. III, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Minimum front yard:

(1)

Principal buildings: 20 feet.

(2)

Accessory buildings: 20 feet.

(3)

Utility sheds: 25 feet.

No utility shed or accessory building shall extend beyond the front of the principal structure. No structures shall be permitted in the front yard except driveways, sidewalks, retaining walls and fences. Porches and patios attached to the principal building may extend into required front yards for up to ten feet, but shall remain 65 percent open and unobstructed on three sides.

(b)

Minimum side yard:

(1)

Principal buildings: five feet.

(2)

Accessory buildings: five feet.

(3)

Side yard abutting a street: 15 feet.

(4)

The only structures allowed in required side yards abutting a street are driveways, sidewalks, retaining walls and fences.

(c)

Minimum rear yard:

(1)

Principal building: 25 feet.

(2)

Accessory building: five feet.

(d)

Architectural features: Eaves, chimneys, canopies, cornices, fire escapes and similar architectural features may extend into any required yard up to two feet, notwithstanding any other provision in this Chapter.

(e)

Minimum open space: 25 percent of lot area.

(f)

Maximum building height:

(1)

Principal buildings: 35 feet.

(2)

Accessory buildings: no higher than the principal building.

(3)

Utility sheds: 25 feet.

(g)

Minimum off-street parking: At least one off-street parking space shall be provided.

(Ord. No. 07-2009, Art. III, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The Residential-Business District is designed to blend existing and new residential structures with existing and new low-density, low-intensity businesses.

(Ord. No. 07-2009, Art. IV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted in the Residential-Business District:

(1)

Single-family residence dwellings and/or apartments.

(2)

Accessory buildings and uses.

(3)

Child care centers or day care homes.

(4)

Home occupations.

(5)

Board and care facilities.

(6)

Public schools, libraries, parks, playgrounds and recreational areas.

(7)

Office uses, including banks, savings and finance institutions and medical and dental offices or clinics.

(8)

Churches, museums, libraries and community buildings.

(9)

Personal service shops and the sale of merchandise at retail.

(10)

Restaurants, including drive-in restaurants.

(11)

Night clubs, bars, taverns, lounges, and recreational facilities which do not exceed a gross floor area of 5,000 square feet.

(12)

Pet shops and small animal veterinary clinics (with no outside housing of animals).

(13)

Gasoline service stations without repair facilities or car washes.

(14)

Places of repair and restoration of small equipment, appliances and office machines, but not including any outside storage.

(15)

Plumbing shops, sheet metal shops and woodworking shops not including outside storage. Service shops in this District do not include automotive or truck repair shops.

(Ord. No. 07-2009, Art. IV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted by special review in the Residential-Business District:

(1)

Low-traffic retail establishments.

(2)

Hotels and motels.

(3)

Law enforcement agencies and fire stations.

(4)

Printing shops.

(5)

Appliance stores and wholesale outlets.

(6)

Parking lots and parking garages.

(7)

Ambulance, bus or taxi services.

(8)

Establishments for the repair of motor vehicles.

(9)

Car washes.

(10)

Public utilities and public facilities, including law enforcement agencies, fire stations and electrical substations, and telecommunications facilities.

(11)

Hookah bars.

(12)

Vapor lounges.

(Ord. No. 07-2009, Art. IV, 11-17-2009; Ord. No. 01-2015, § 2, 1-6-2015; Ord. No. 03-2016, § 1, 3-29-2016)

Site plans shall be required for all development of new facilities or buildings in the Residential-Business District.

(Ord. No. 07-2009, Art. IV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Minimum front yard:

(1)

Principal building: 20 feet.

(2)

Accessory building: 25 feet.

(3)

Utility shed: 25 feet. No utility shed shall extend beyond the front of the principal structure.

The only structures allowed in required front yards are driveways, sidewalks, signs, retaining walls and fences.

(b)

Minimum side yard abutting a street:

(1)

Principal building: zero feet.

(2)

Accessory building: 20 feet.

(3)

Utility shed: 20 feet.

The only structures allowed in required side yards abutting a street are driveways, sidewalks, unobtrusive signs, retaining walls and fences that do not interfere with sight triangles.

(c)

Minimum side yard interior:

(1)

Principal building: five feet.

(2)

Accessory building: five feet.

(3)

Utility shed: five feet.

The only structures allowed in interior side yards are driveways, sidewalks, retaining walls and fences.

(d)

Minimum rear yard interior:

(1)

Principal building: 20 feet.

(2)

Accessory building: five feet.

(3)

Utility shed: five feet.

(e)

Minimum open space: 15 percent of lot area.

(f)

Maximum building height: 35 feet for all structures.

(g)

Minimum off-street parking: at least one off-street parking space shall be provided for each residential unit.

(Ord. No. 07-2009, Art. IV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

The following uses are permitted in the Business District.

(1)

Office and finance.

(2)

Medical and dental offices and clinics.

(3)

Shops for the furnishing of personal services and the sale of merchandise at retail.

(4)

Restaurants, including drive-in restaurants.

(5)

Nightclubs, bars, lounges and taverns which do not exceed a gross floor area of 5,000 square feet and any and all liquor license classifications except as set forth in Section 16-2-320 below.

(6)

Establishments for the sale and care of pets, pet supplies or agricultural products, including small animal veterinary clinics with no outdoor housing of animals.

(7)

Gasoline service stations.

(8)

Establishments for the repair and restoration of small equipment and appliances.

(9)

Service establishments, such as plumbing shops, sheet metal shops and wood working shops, with limited and screened outdoor storage. Service establishments do not include automotive or truck repair shops.

(10)

Laundry facilities.

(b)

Business uses shall provide parking as required in Section 16-10-90 of this Chapter.

(Ord. No. 07-2009, Art. V, 11-17-2009; Ord. No. 03-2012 § 1, 5-31-2012; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted by special review in the Business District:

(1)

Hotels and motels.

(2)

Printing shops.

(3)

Headquarters for ambulance service, bus service, taxis and other transportation facilities, but not including repair or maintenance facilities.

(4)

Car washes.

(5)

Liquor-licensed establishments which allow activities such as topless dancing, pole dancing or any activity involving nude or semi-nude entertainment, adult business, adult cabaret or any activity described or defined in Article 3 of this Chapter.

(6)

Public facilities, including utility and telecommunications facilities.

(7)

Mixed residential and business uses, as long as a primary use of the structure and lot area is of a commercial nature.

(8)

Medical and retail marijuana facilities.

(9)

Hookah bars.

(10)

Vapor lounges.

(Ord. No. 07-2009, Art. V, 11-17-2009; Ord. No. 01-2015, § 3, 1-6-2015; Ord. No. 03-2016, § 1, 3-29-2016)

Site plans shall be required for all development of new facilities or buildings in the Business District.

(Ord. No. 07-2009, Art. V, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Minimum front yard:

(1)

Principal building: 20 feet.

(2)

Accessory building: 25 feet.

(3)

Utility shed: 25 feet. No utility shed shall extend beyond the front of the principal structure.

The only structures allowed in required front yards are driveways, sidewalks, signs, retaining walls and fences.

(b)

Minimum side yard abutting a street:

(1)

Principal building: 20 feet.

(2)

Accessory building: 25 feet.

(3)

Utility shed: 25 feet.

The only structures allowed in required side yards abutting a street are driveways, sidewalks, unobtrusive signs, retaining walls and fences that do not interfere with sight triangles.

(c)

Minimum side yard interior:

(1)

Principal building: zero feet.

(2)

Accessory building: zero feet.

(3)

Utility shed: zero feet.

The only structures allowed in interior side yards are driveways, sidewalks, retaining walls and fences.

(d)

Minimum rear yard interior:

(1)

Principal building: 20 feet.

(2)

Accessory building: 20 feet.

(3)

Utility shed: five feet.

(e)

Minimum open space:

(1)

No minimum open space shall be required for remodeling, change of use or change of ownership for existing structures.

(2)

When a new structure is built, two percent of the lot area shall be set aside for open space, which must be planted with grass, trees, shrubbery or other live plantings.

(f)

Maximum building height for all structures: 40 feet.

(Ord. No. 07-2009, Art. V, 11-17-2009; Ord. No. 05-2010 § 1, 5-18-2010; Ord. No. 03-2016, § 1, 3-29-2016)

The purpose of the Commercial District is intended to reinforce high-density businesses and provide services for the community.

(Ord. No. 07-2009, Art. VI, 11-17-2009; Ord. No. 04-2011 § 1, 12-6-2011; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted in the Commercial District:

(1)

Office uses only incidental to commercial business.

(2)

Shops for the furnishing of personal services and the sale of merchandise at retail.

(3)

Restaurants, including drive-in restaurants.

(4)

Nightclubs, bars, lounges, taverns and recreational facilities.

(5)

Establishments for the sale and care of pets. No kennels are allowed.

(6)

Gasoline service stations, including establishments with repair and service facilities.

(7)

Places of repair and restoration of small equipment, appliances and office machines, but not including any outside storage.

(8)

Service establishments, such as plumbing shops, sheet metal shops or woodworking shops, with limited and screened outdoor storage. Service establishments do not include automotive or truck repair shops.

(9)

Automotive parts and stores including repair and service facilities.

(10)

Establishments for the sale of new and used cars, trucks, boats, campers, trailers and other such merchandise.

(11)

Public utilities and public facilities, including law enforcement agencies, fire stations and electrical substations and telecommunications facilities.

(12)

Laundry facilities.

(13)

Printing shops.

(Ord. No. 07-2009, Art. VI, 11-17-2009; Ord. No. 04-2011 § 1, 12-6-2011; Ord. No. 03-2012 § 2, 5-31-2012; Ord. No. 03-2016, § 1, 3-29-2016)

The following uses are permitted by special review in the Commercial District:

(1)

Hotels and motels.

(2)

Car washes.

(3)

Mixed residential and business uses, as long as a primary use of the structure and lot area is of a commercial nature.

(4)

Medical and retail marijuana facilities.

(5)

Any liquor-licensed establishment which intends to allow or allows activities such as topless dancing, pole dancing or any activity involving nude or semi-nude entertainment, adult business, adult cabaret or any activity described or defined in Article 3 of this Chapter shall only be allowed as a use subject to special review. Such establishment shall provide adequate parking without variance as set forth in Article 7 of this Chapter for bars, taverns or nightclubs. Such establishment shall in all respects comply with the requirements of this Article and Article 3 of this Chapter without variance and shall comply with any use by special review or conditions imposed by the Town. Additional investigative fees and use by special review fees may be imposed as set forth in the Town's Fee Schedule, and consultant fees and costs incurred by the Town shall be reimbursed by the applicant. Adult business and adult cabaret activities are not permitted between the hours of 1:00 a.m. and 8:00 a.m., and the sale of alcoholic beverages is subject to state law.

(6)

Marijuana facilities (medical and retail) and related facilities.

(7)

Greenhouses for accessory use.

(8)

Outdoor storage.

(9)

Establishments for the sale or rental of tools, equipment and vehicles.

(10)

Hookah bars.

(11)

Vapor lounges.

(12)

CBD extraction facilities.

(Ord. No. 07-2009, Art. VI, 11-17-2009; Ord. No. 04-2011 § 1, 12-6-2011; Ord. No. 03-2012 § 3, 5-31-2012; Ord. No. 04-2014, § 3, 5-202-2014; Ord. No. 01-2015, § 4, 1-6-2015; Ord. No. 03-2016, § 1, 3-29-2016; Ord. No. 01-2020, § 2, 3-3-2020)

Site plans shall be required for all development of new facilities or buildings in the Commercial District.

(Ord. No. 07-2009, Art. VI, 11-17-2009; Ord. No. 04-2011 § 1, 12-6-2011; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Minimum front yard:

(1)

Principal building: 20 feet.

(2)

Accessory building: 25 feet.

(3)

Utility shed: 25 feet. No utility shed shall extend beyond the front of the principal structure.

The only structures allowed in required front yards are driveways, sidewalks, signs, retaining walls and fences.

(b)

Minimum side yard abutting a street:

(1)

Principal building: 20 feet.

(2)

Accessory building: 25 feet.

(3)

Utility shed: 25 feet.

The only structures allowed in required side yards abutting a street are driveways, sidewalks, unobtrusive signs, retaining walls and fences that do not interfere with traffic sight wise.

(c)

Minimum side yard interior:

(1)

Principal building: zero feet.

(2)

Accessory building: zero feet.

(3)

Utility shed: zero feet.

The only structures allowed in interior side yards are driveways, sidewalks, retaining walls and fences.

(d)

Minimum rear yard interior:

(1)

Principal building: 20 feet.

(2)

Accessory building: 20 feet.

(3)

Utility shed: five feet.

(e)

Minimum open space:

(1)

No minimum open space shall be required for remodeling, change of use or change of ownership for existing structures.

(2)

When a new structure is built, two percent of the lot area shall be set aside for open space, which must be planted with grass, trees, shrubbery or other live plantings.

(f)

Maximum building heightfor all structures: 40 feet.

(Ord. No. 07-2009, Art. VI, 11-17-2009; Ord. No. 05-2010 § 2, 5-18-2010; Ord. No. 04-2011 § 1, 12-6-2011; Ord. No. 03-2016, § 1, 3-29-2016)