Granite Shoals City Zoning Code
§ 40-13
General Business District Two, GB-2.
(a)
Sale of alcoholic beverages.
In a General Business District Two, GB-2, the following regulations will apply to the sale of alcoholic beverages, provided that a local option election has been passed. There will be no sale of alcoholic beverages in this district until such election has been held and passed. The following applies in a General Business District Two, GB-2:
(1)
A business that is permitted must have a retail on-premises consumption permit or license and less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverage (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.33(f)(1)). An example of this permitted use is a full service restaurant. Upon the restaurant’s annual renewal of license, a prepared written audit and the license application will be presented to the building official prior to TABC renewal.
(2)
A business that is permitted must have a retail off-premises consumption permit or license and less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.57(d)(2)). An example of this is a full service grocery store. Upon the store’s annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50 percent of the establishment’s gross receipt and the license application will be presented to the building official prior to TABC renewal.
(3)
No establishment will be permitted that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverage. (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.57(d)(2).) An example of this nonpermitted use is a public bar.
(b)
Permitted uses.
In a General Business District Two, GB-2, all businesses that require state-mandated licenses and inspections (i.e., restaurants, day nurseries, medical clinic, etc.) shall have those permits prior to opening for business and maintain same. All newly constructed businesses and expanded “grandfathered” businesses shall present a prepared site plan to the city building official. No building shall hereafter be erected, or structurally altered, unless otherwise provided for in this chapter, except for one or more of the following uses:
(1)
Automobile sales and service.
(2)
Automobile parts and accessory sales.
(3)
Bakeries.
(4)
Banks.
(5)
Business or commercial schools.
(6)
Cleaning and laundry plant.
(7)
Day nursery.
(8)
Drive-in restaurants, bowling alley and other similar places of entertainment.
(9)
Drugstore.
(10)
Farm equipment sales and service.
(11)
Florist shop.
(12)
Fueling station.
(13)
Furniture store.
(14)
Grocery and convenience stores.
(15)
Greenhouses and retail nurseries.
(16)
Hardware stores, including the sale of building materials.
(17)
Machine or welding shop.
(18)
Medical outpatient clinics.
(19)
Hotels, motels, bed and breakfast.
(20)
Self-service laundries.
(21)
Nursing home.
(22)
Office buildings.
(23)
Personal service and neighborhood shops.
(24)
Pharmacies.
(25)
Printing and copying services.
(26)
Public utilities.
(27)
Radio and television broadcasting studios.
(28)
Repair facility 1.
(29)
Restaurants.
(30)
Recreational vehicle sales.
(31)
RV, boat and trailer storage (commercial).
(32)
Tool and equipment rental.
(33)
Video rental sales.
Any business not found mentioned in this subsection shall apply for review by the planning and zoning commission via the city building official. Any business not listed in this subsection, but approved as a business by the city council will be added to the approved list. An accessory building shall be permitted only in the rear yard except when the lot on which the main building is located backs up to residential zones, but in no case may any accessory building occupy a public utility easement. |
(b-1)
Conditional uses.
The following uses are permitted in the GB-1 district as conditional uses only if the property owner first obtains a conditional use permit as provided by this chapter:
(1)
New construction using new or used on-site storage containers as a building material.
(2)
An amusement center, if the following additional conditions are met in addition to the conditions found in section 40-28 of the code:
a.
Proximity to other businesses that exhibit coin-operated amusement machines. The minimum distance between a property that receives a conditional use permit under this subsection and any other business that exhibits a coin-operated amusement machine shall be 1,200 feet between property lines.
b.
Adequate off-street paved parking and adequate lighting as required by the Code of Ordinances.
(c)
Height regulation.
No building shall be less than ten feet or more than 45 feet in height.
(d)
Yard requirements.
(1)
A front yard of not less than 25 feet in depth shall be provided. More space may be required under section 40-16, parking.
(2)
No rear yard shall be required, except when the property abuts, along its rear lot line, property zoned residential. Then a rear yard of not less than ten feet shall be provided, and the subject property shall have a privacy fence installed and maintained by the commercial property owner along the rear property line where the abutment exists. In no case shall a building occupy any part of a public utility easement. Outside storage and trash receptacles shall be enclosed from view of the general public by a solid fence constructed of either masonry or wood. The fence shall be a minimum of six feet tall. Where a light industrial use abuts a residential district, a solid fence with a minimum height of eight feet shall be provided along the entire common boundary of the light industrial use and the residential district No outside storage or trash receptacle shall be higher than the height of screening. All screening shall be maintained in a safe and sightly condition at all times. All commercial trash dumpsters shall be serviced from owner’s property. All nonconforming commercial dumpsters must be in compliance within 90 days after the effective date of the ordinance from which this chapter is derived.
(g)
Portable and temporary buildings.
Portable and temporary buildings shall be permitted, subject to compliance with all applicable ordinances related thereto. A portable or temporary building of less than 500 square feet shall be allowed only when incidental to the construction of a permanent structure, and shall be removed when the permanent structure is completed.
(h)
Lighting.
No premises or parking area shall be lighted in such a manner as to provide direct glare into an adjoining residential district. All lighting in the GB-2 district shall be hooded or shielded so that the light source is not directly visible from residential areas and public street, to avoid a hazard.
(i)
Noise.
Where a general business use abuts a residential district, noise shall not exceed the standards set forth in this subsection. Noise shall be measured at the common boundary of the General Business District Two, GB-2, and the residential district. Measurement of sound shall be done with an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute. The maximum permitted sound levels measured in decibels for the Industrial District, I, abutting residential uses shall be 95 decibels.
(Ordinance 409, sec. XIIA, adopted 8/24/04; Ordinance 409-D, sec. 2.E, adopted 6/22/10; Ordinance 629, sec. II(C), adopted 1/14/14; Ordinance 650, sec. 2(B), adopted 7/22/14; Ordinance 828 adopted 4/26/2022)