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Henry County Unincorporated
City Zoning Code

ARTICLE VIII

NEIGHBORHOOD COMMERCIAL DISTRICT B-2

Sec. 21-800.- Intent.

This district is established to provide an opportunity for certain commercial uses in residential and agricultural areas where other commercial uses are inappropriate. Such uses are limited in scale and are restricted to those which are located on or near state maintained roads, and may be combined with certain other residential uses to create an integrated dwelling/workplace. Uses not consistent with the character of this strict shall not be permitted.

Sec. 21-801. - Permitted uses.

In the Neighborhood Commercial District, structures to be erected or land to be used shall be for one or more of the following uses:

1.

Accessory uses and structures. The front setback of all accessory structures shall equal or exceed that of the main structure. The total floor area of all accessory structures shall be less than fifty (50) percent of that of the principal structure. No accessory building may be closer than three (3) feet to any property line. Accessory uses and structures shall not include manufactured or mobile homes, including the storage of unused manufactured or mobile homes. Unless such use is defined as a temporary use, accessory uses and structures shall not include buses, trailer sections of tractor-trailer combinations or any other vehicle or portion thereof designed to transport people or goods on highways.

2.

Antique shops.

3.

Barber shops, beauty parlors, and tanning salons.

4.

Bed and breakfast inns, guest houses, and rooming and boarding houses.

5.

Churches, schools, libraries, parks, playgrounds and athletic fields.

6.

Class A and Class B home occupations.

7.

Nursery schools, day care centers, and family day care homes.

8.

Living quarters for one family included as a part of a single building housing a single permitted business use and occupied by the owner, manager, or caretaker of the permitted business.

9.

Restaurants with no drive-in window facilities in which less than two thousand (2,000) square feet is used for business purposes including dining, preparation, storage, office and waiting areas but not including parking areas.

10.

Retail sales establishments whose total area for display, storage, and other business purposes is contained within the walls of a building which is less than two thousand (2,000) square feet in area. The sale of gasoline or similar petroleum products may be allowed as an accessory use.

11.

Single-family dwellings.

12.

Small scale solar energy facilities.

(Ord. of 8-24-98; Ord. of 6-24-03, § 2; Amend. of 7-25-06; Ord. of 3-24-20)

Sec. 21-802. - Special use permit uses.

The uses permitted in the Neighborhood Commercial District with a special use permit as approved by the Board of Zoning Appeals are as follows:

1.

Homeless shelters or transitional living facilities, community correctional facilities, and halfway houses.

2.

Multiple-family (apartments) and single-family attached (duplexes and townhouses) dwellings.

3.

Restaurants in which two thousand (2,000) square feet or more of floor area is used for business purposes including dining, preparation, storage, office and waiting areas but not including parking areas.

4.

Retail sales establishments whose total area for display, storage, and other business purposes is contained within the walls of a building which equals or exceeds two thousand (2,000) square feet in area and not involving the sale of gasoline or similar petroleum products.

(Amend. of 6-28-11)

Sec. 21-803. - Area regulations.

A.

The minimum required lot area for permitted uses on a lot served by both a public water and public sewage disposal system shall be nine thousand (9,000) square feet.

B.

The minimum required lot area for permitted uses on a lot served by a public sewage disposal system but not a public water system shall be fifteen thousand (15,000) square feet.

C.

The minimum required lot area for permitted uses on a lot served by a public water system but not a public sewage disposal system shall be fifteen thousand (15,000) square feet.

D.

The minimum required lot area for permitted uses on a lot served by neither a public water nor public sewage disposal system shall be twenty thousand (20,000) square feet.

E.

For permitted uses utilizing an individual water or sewage disposal system, the required area for any such use shall be approved by the Health Official. The Administrator may require a greater area if considered necessary by the Health Official.

Sec. 21-804. - Setback regulations.

The front setback line shall be located thirty-five (35) feet from any street right-of-way which is fifty (50) feet or greater in width or sixty (60) feet from the centerline of any street right-of-way less than fifty (50) feet in width. This shall be known as the "setback line." No structure shall be constructed or placed closer to the front property line than the setback line.

(Ord. of 1-27-97)

Sec. 21-805. - Yard regulations.

A.

Side. The minimum side yard shall be ten (10) feet. For permitted uses adjoining or adjacent to a residential or agricultural district, the minimum side yard shall be twenty (20) feet.

B.

Rear. Each structure shall have a rear yard of twenty (20) feet or more. For permitted uses adjoining or adjacent to a residential or agricultural district, the minimum rear yard shall be fifty (50) feet.

The Zoning Administrator may require an appropriate type of screen planting at the side or rear property lines for buffering when properties are adjoining or adjacent to residential or agricultural districts.

Sec. 21-806. - Height regulations.

Structures may be erected up to thirty-five (35) feet in height from grade. This requirement shall not apply to chimneys, water towers, monuments, parapet walls, flues, flagpoles, roof mounted television antennae, roof mounted radio aerials, and similar structures and necessary mechanical appurtenances. Private, noncommercial towers for personal use may be erected no closer to any exterior property line than the total height of the tower structure above grade.

(Ord. of 6-24-03, § 3)