Zoneomics Logo
search icon

Hamel City Zoning Code

ARTICLE VII

COMMERCIAL DISTRICTS

40-7-1 PURPOSE.

   The purpose of the GC - General Commercial district is to provide areas for the development of general retail sales and selected service activities at accessible locations in the Village. The GC district is not intended to allow industrial uses. In addition to the selected retail and service uses that are permitted uses, other service and retail uses which would not normally be appropriate in the GC district may be allowed as special uses with conditions specified by the Village Board of Trustees to safeguard the public health, safety, morals and welfare.

40-7-2 PERMITTED USES.

   The GC district is designed to allow considerable latitude in the range of retail uses allowed, provided, that the uses are legal and no outdoor storage is conducted except as otherwise provided herein. In addition, any building used primarily for any of the uses listed in this Section may have not more than forty percent (40%) of the floor area devoted to indoor storage or incidental assembly of products sold on the premises. Provided that neither junk yards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plant, or outside storage of inflammable liquids or explosives, shall permitted in the district: and provided, further, that adequate safeguards (structural, mechanical and location) shall be provided to protect adjoining properties from the effect of noisome or injurious substances, conditions and operation as defined in Article II and/or regulated in Article XI. It is provided further that any preparation or manufacture of goods or products conducted on the premises must be incidental to the retail business conducted on the premises. Such manufacture process or treatment shall employ not more the five (5) persons (exclusive of manager) engaged in said manufacture, processing or treatment of products and that all such operations create no undue noise, odor, dust, smoke, vibrations, or other similar nuisance. If a particular use is not listed, it is not allowed in the GC - General Commercial district. Buildings or structures may be erected, altered or used for the following:
   (A)   Air conditioning equipment, custom fabrication and installation.
   (B)   Animal hospitals when conducted entirely within an enclosed building.
   (C)   Apparel stores and shops.
   (D)   Art galleries and studios.
   (E)   Bakery shops including the baking and processing of food products for retail sales on the premises only.
   (F)   Business machines; repair and service.
   (G)   Candy and ice cream shops.
   (H)   Car washes.
   (I)   Churches and other places of worship, subject to the provisions of Article XI.
   (J)   Commercial institutions such as banks, savings and loan associations.
   (K)   Day care centers, nursery schools and orphanages.
   (L)   Drug stores.
   (M)   Eating and drinking establishments except "drive thru" restaurants offering food or beverages directly to customers waiting in parked vehicles or drive-in restaurants offering food or beverages for consumption on the premises in parked vehicles. (See Special Permits in Section 40-7-4).
   (N)   Electrical substations (static transformer stations), gas regulation stations, telephone exchange facilities and essential services, subject to the provisions of Article XI.
   (O)   Express companies.
   (P)   Feed and seed stores.
   (Q)   Food stores, including supermarkets, delicatessens, dairy products, meat markets, health foods.
   (R)   Funeral chapels, mortuary chapels and ambulance service.
   (S)   General office buildings.
   (T)   Gift and card shops, leather and luggage, tobacco and news, camera shops, sporting goods, garden shops, and antique shops.
   (U)   Growing of plants and trees on a private or commercial basis, subject to the applicable provisions of Article XII.
   (V)   Hardware stores and hobby shops.
   (W)   Libraries or museums, providing that all principal buildings are located at least twenty-five (25) feet from all property lines.
   (X)   Locksmiths' repair shops.
   (Y)   Lumberyards.
   (Z)   Medical and dental clinics and centers.
   (AA)   Meeting halls.
   (BB)   Membership clubs and public or charitable institutions, not for correctional purposes.
   (CC)   Municipal uses, facilities and building, subject to the provisions of Article XI.
   (DD)   Newspaper printing.
   (EE)   Parking lots and parking garages, subject to the provisions of Article X.
   (FF)   Personal service shops, including barber and beauty shops, shoe repair shops, laundries, self-service laundries, dry-cleaning stores, travel agencies, photographers, tailoring.
   (GG)   Pet shops and pet grooming.
   (HH)   Places of amusement or recreation such as theaters (but not drive-in theaters), auditoriums or bowling alleys.
   (II)   Plumbing, heating and air conditioning sales.
   (JJ)   Post offices or postal substations.
   (KK)   Produce stands. (See Section 40-11-31)
   (LL)   Professional and service offices.
   (MM)   Public, private or parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education.
   (NN)   Radio and TV broadcasting stations.
   (OO)   Railroad right-of-way, not including switching, storage, freight yards, industrial sidings, or classification yards.
   (PP)   Taverns.
   (QQ)   Water softening equipment, service and repairs.
(Ord. No. 2017-11; 12-12-17)

40-7-3 ACCESSORY USE AND STRUCTURES.

   (A)   Accommodations for professional servants, caretakers, watchman or custodians, but not as a separate, detached one-family dwelling on the same lot.
   (B)   Fences, hedges and wall, subject to the provisions of Section 40-11-7.
   (C)   Parking spaces not for gain in addition to minimum off-street parking, subject to the provisions of Section 40-11-12.
   (D)   Private greenhouses, tool sheds, garages or carports, tennis courts, patios, subject to the provisions of Section 40-11-16.
   (E)   Private swimming pools, subject to the provisions of Section 40-11-22.
   (F)   Storage of merchandise or inventory usually carried in stock: provided that such storage shall be located on the lot with the retail, service or commercial use and either:
      (1)   Such storage shall be within a completely enclosed building; or
      (2)   If placed on the building exterior, such storage shall not exceed the equivalent of twenty-five percent (25%) of the gross building floor area of the owned or leased space of the generating principal use. Exterior storage areas shall be completely concealed by a fence at least six (6) feet in height.
   (G)   Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one (1) year, whichever is greater. However, such time limit may be extended for one (1) year by the Zoning Administrator.
(Ord. No. 2017-11; 12-12-17)

40-7-4 SPECIAL PERMITS.

   The following uses may be allowed within the GC - General Commercial District subject to the criteria established in Article XIII of this Chapter:
   (A)   Planned developments based on the procedures in Section 40-13-35 et seq. of this Chapter.
   (B)   Any use that involves commercial, service or storage activities conducted more than twenty-five percent (25%) outside a completely enclosed building.
   (C)   Eating and drinking establishments with drive-thru and/or drive-in facilities as an accessory use.
   (D)   Renewable Energy Systems as defined in Section 40-2-3 and subject to the provisions of Section 40-11-32. (Ord. No. 19-02; 04-09-19)

40-7-5 SUPPLEMENTARY REGULATIONS.

   All uses are subject to applicable provisions of Article XI.

40-7-6 DIMENSIONAL REGULATIONS; DISTRICT GC - GENERAL COMMERCIAL.

   (A)   Lot Standards.
      (1)   Minimum Lot Size:      None
      (2)   Minimum Lot Width:    None
      (3)   Minimum Lot Depth:    None
   (B)   Yards.
      (1)   Minimum Front Yard:    None
      (2)   Minimum Side Yard Abutting a Lot:    none required unless abutting a "SR" or "MR" district then 12' required
      (3)   Minimum Side Yard Abutting a Street:    25'
      (4)   Minimum Rear Yard:    20'
      (5)   Minimum distance to nearest principal building on adjacent lot:    12’
   (C)   Maximum Building Coverage of Lot.      50%
   (D)   Maximum Building Height.      three (3) stories or 35' whichever is smaller
   (E)   Accessory Buildings, Detached, If Permitted.
      (1)   Maximum Height:    25'
      (2)   Minimum Distance to principal building:    12'
      (3)   Minimum distance to front lot line:    12'
      (4)   Minimum distance to side lot line adjacent to street:    12'
      (5)   Minimum distance to other side lot line:    12'
      (6)   Minimum distance to rear lot line:    12'
   (F)   Parking.
   See Article X.
(Ord. No. 2017-11; 12-12-17)

40-7-10 PURPOSE.

   The purpose of the HC - Highway Commercial district is to provide areas for the development of retail sales and selected activities at accessible locations of the Village most suited to heavier traffic and customer base. In addition to the selected retail and service uses that are permitted uses, other service and retail uses which would not normally be appropriate in HC classification may be allowed as special uses with conditions specified by the Village Board of Trustees to safeguard the public health, safety, morals and welfare.

40-7-11 PERMITTED USES.

   Provided that neither junk yards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plant, or outside storage of inflammable liquids or explosives, shall permitted in the district: and provided further that adequate safeguards (structural, mechanical and location) shall be provided to protect adjoining properties from the effect of noisome or injurious substances, conditions and operation as defined in Article II and/or regulated in Article XI. It is provided further that any preparation or manufacture of goods or products conducted on the premises must be incidental to the retail business conducted on the premises. Such manufacture process or treatment shall employ not more the five (5) persons (exclusive of manager) engaged in said manufacture, processing or treatment of products and that all such operations create no undue noise, odor, dust, smoke, vibrations, or other similar nuisance. If a particular use is no listed, it is not allowed in the HC - Highway Commercial district. Buildings or structures may be erected, altered or used as the following:
   (A)   Animal hospitals when conducted entirely within an enclosed building.
   (B)   Apparel stores and shops.
   (C)   Art galleries and studios.
   (D)   Bakery shops including the baking and processing of food products for retail sales on the premises only.
   (E)   Bus terminals and other public transportation terminal facilities for passengers.
   (F)   Candy and ice cream shops.
   (G)   Car washes.
   (H)   Churches and other places of worship, subject to the provisions of Article XI.
   (I)   Commercial institutions such as banks, savings and loan associations.
   (J)   Day care centers, nursery schools and orphanages.
   (K)   Drug stores.
   (L)   Eating and drinking establishments except "drive thru" restaurants offering food or beverages directly to customers waiting in parked vehicles or drive-in restaurants offering food or beverages for consumption on the premises in parked vehicles. (See Special Permits in Section 40-7-13).
   (M)   Electrical substations (static transformer stations), gas regulation stations, telephone exchange facilities and essential services, subject to the provisions of Article XI.
   (N)   Express delivery companies.
   (O)   Feed and seed stores.
   (P)   Food stores, including supermarkets, delicatessens, dairy products, meat markets, health foods.
   (Q)   Funeral chapels, mortuary chapels and ambulance service.
   (R)   General office buildings.
   (S)   Gift and card shops, leather and luggage, tobacco and news, camera shops, sporting goods, garden shops, and antique shops.
   (T)   Hardware stores and hobby shops.
   (U)   Hotels and motels.
   (V)   Libraries or museums, providing that all principal buildings are located at least twenty-five (25) feet from all property lines.
   (W)   Locksmiths' repair shops.
   (X)   Lumberyards.
   (Y)   Medical and dental clinics and centers.
   (Z)   Meeting halls.
   (AA)   Membership clubs and public or charitable institutions, not for correctional purposes.
   (BB)   Municipal uses, facilities, and building, subject to the provisions of Section 40-11-17.
   (CC)   Parking lots and parking garages, subject to the provisions of Article X.
   (DD)   Personal service shops, including barber and beauty shops, shoe repair shops, laundries, self-service laundries, dry-cleaning stores, travel agencies, photographers, tailoring.
   (EE)   Pet shops and pet grooming.
   (FF)   Places of amusement or recreation such as theaters (but not drive-in theaters) auditoriums or bowling alleys.
   (GG)   Post offices or postal substations.
   (HH)   Produce stands. (See Section 40-11-31)
   (II)   Professional and service offices.
   (JJ)   Railroad right-of-way, not including switching, storage, freight yards, industrial sidings, or classification yards.
   (KK)   Repair Garages and gasoline service stations, subject the provisions of Section 40-11-19.
   (LL)   Sales and service of new farm, construction and industrial equipment.
   (MM)   Sales and service of new trucks and recreational vehicles.
   (NN)   Sales and service of new automobiles and new automobile accessories.
   (OO)   Taverns.
(Ord. No. 2017-11; 12-12-17)

40-7-12 ACCESSORY USES AND STRUCTURES.

   (A)   Accommodations for professional servants, caretakers, watchman or custodians, but not as a separate, detached one-family dwelling on the same lot.
   (B)   Fences, hedges and wall, subject to the provisions of Section 40-11-7.
   (C)   Parking spaces not for gain in addition to minimum off-street parking, subject to the provisions of Section 40-11-12.
   (D)   Private greenhouses, tool sheds, garages or carports, tennis courts, patios, subject to the provisions of Section 40-11-16.
   (E)   Private swimming pools, subject to the provisions of Section 40-11-22.
   (F)   Sales of used automobiles as an accessory use to new automobile sales only.
   (G)   Sales of used farm, construction and industrial equipment as an accessory use to new farm, construction and industrial equipment sales only.
   (H)   Sales of used trucks and recreational vehicles as an accessory use to the new truck and recreational vehicles sales only.
   (I)   Storage of merchandise or inventory usually carried in stock: provided that such storage shall be located on the lot with the retail, service or commercial use and either:
      (1)   Such storage shall be within a completely enclosed building; or
      (2)   If placed on the building exterior, such storage shall not exceed twenty-five percent (25%) of the gross building flood area of the owned or leased space of the generating use. Exterior storage areas shall be completely concealed by a fence at least six (6) feet in height.
   (J)   Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one (1) year, whichever is greater. However, such time limit may be extended for one (1) year by the Zoning Administrator.
(Ord. No. 2017-11; 12-12-17)

40-7-13 SPECIAL PERMITS.

   The following uses may be allowed within the HC - Highway Commercial District subject to the criteria established in Article XIII of this Chapter:
   (A)   Advertising signs and billboards.
   (B)   Planned developments based on the procedures in Section 40-13-35 et seq. of this Chapter.
   (C)   Manufactured Home Sales.
   (D)   Sales of used automobiles, subject to the provisions of Section 40-11-25.
   (E)   Sales of used farm, construction and industrial equipment.
   (F)   Sales of used truck and recreational vehicles.
   (G)   Storage and /or display of inventory usually carried in stock without a fence or outside a building.
   (H)   Public, private or parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education.
   (I)   Permitted uses with building heights greater than thirty-five (35) feet or three (3) stories.
   (J)   Any use that involves storage activities conducted more than twenty-five percent (25%) outside a completely enclosed building.
   (K)   Eating and drinking establishments with drive-thru and/or drive-in facilities as an accessory use.
   (L)   Renewable Energy Systems, as defined in Section 40-2-3 and subject to the provisions of Section 40-11-32.
(Ord. No. 19-02; 04-09-19)

40-7-14 SUPPLEMENTARY REGULATIONS.

   All uses are subject to the applicable provisions of Article XI.

40-7-15 DIMENSIONAL REGULATIONS; DISTRICT HC - HIGHWAY COMMERCIAL.

   (A)   Lot Standards.
      (1)   Minimum Lot Size:    None
      (2)   Minimum Lot Width:    None
      (3)   Minimum Lot Depth:    None
   (B)   Yards.
      (1)   Minimum Front Yard:    None
      (2)   Minimum Side Yard Abutting a Lot:    none required unless
      abutting a "SR" or "MR" district
      then 12' required
      (3)   Minimum Side Yard Abutting a Street:    25'
      (4)   Minimum Rear Yard:    20'
      (5)   Minimum distance to nearest principal
   building on adjacent lot:    12’
   (C)   Maximum Building Coverage of Lot.   50%
   (D)   Maximum Building Height.    three (3) stories or
         35' whichever is smaller
   (E)   Accessory Buildings, Detached, If Permitted:
      (1)   Maximum Height:    25'
      (2)   Minimum Distance to principal building:    12'
      (3)   Minimum distance to front lot line:    12'
      (4)   Minimum distance to side lot line adjacent to street:    12'
      (5)   Minimum distance to other side lot line:    12'
      (6)   Minimum distance to rear lot line:    12'
   (F)   Parking.
   See Article X.
(Ord. No. 2017-11; 12-12-17)