Hometown City Zoning Code
ARTICLE 12
D Commercial Districts
§ 22.38 Purpose.
The Commercial Districts set forth herein are established to protect public health, to promote public safety, comfort, convenience, and the general welfare, and to protect the economic base of the City and the value of property. These general purposes include, among others, the following specific objectives:
(A)
To promote the most desirable use of land in accordance with a well-considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the City.
(B)
To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.
(C)
To permit selected business uses in districts where adjacency to or inclusion in a residential area has sufficient elements of service or convenience to such areas to offset the disadvantage.
(D)
To encourage the grouping in appropriate locations of compatible business uses which will tend to draw trade that is mutually interchangeable and to promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion.
(E)
To provide for the establishment of off-street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
§ 22.39 Scope.
The regulations set forth in this article, or set forth elsewhere in this chapter when referred to in this article, are the regulations in the D Commercial Districts.
§ 22.40 Permitted uses.
[Amended 11-22-2016 by Ord. No. 7-2016; 10-26-2021 by Ord. No. 6-2021; 3-8-2022 by Ord. No. 2-2022[1]]
The uses permitted in the D Commercial District shall be limited to commercial retail stores, commercial establishments, service establishments, and professional offices that generate sales tax revenues, maintain the City's property tax base, and allow for convenient locations for the public to shop, obtain services and conduct business. All tax exempt uses, residential uses and uses otherwise permitted or allowed as a special use in a residential zoning classification are expressly prohibited. The following uses are permitted in the D Commercial District:
(A)
Automobile service stations, excluding automobile repair as defined.
(B)
Bakeries whose products are sold at retail on the premises.
(C)
Banks, including approved drive-through facilities.
(D)
Barber shops or beauty parlors.
(E)
Commercial schools or dancing or music academies.
(F)
Catering establishments.
(G)
Electronics and shoe repair shops.
(H)
Messenger or telegraph service stations.
(I)
Professional or medical offices.
(J)
Commercial paint and decorating shops.
(K)
Commercial photograph galleries.
(L)
Commercial physical fitness facilities.
(M)
Restaurants and eating and drinking establishments.
(N)
Salesrooms or showrooms, except any person or entity who or which is engaged in the business of dealing in firearms or firearms ammunition shall not be located within one mile of the grounds of any school or public park. For purposes of this article, a "person or entity who or which is engaged in the business of dealing in firearms" shall be defined as one engaged in the business of selling firearms or ammunition at wholesale or retail, whether or not such business constitutes the principal business of such person or entity.
(O)
Stores or shops for the conduct of a retail business.
(P)
Tailor shops.
(Q)
Retail grocery stores.
(R)
Shoe shops, retail.
(S)
Laundromats and dry cleaning.
(T)
Drugstores.
(U)
Currency exchanges.
(V)
Medical clinic buildings.
(W)
Cannabis dispensing organizations.
[1]
Editor’s Note: Section 2 of this ordinance stated that pursuant to § 22.45 of the Hometown Zoning Ordinance, the lawful use of any building existing at the time of the adoption of this ordinance may be continued, although such use does not conform with the provisions hereof. The remaining provisions of Article 13, Nonconforming Uses, of the Hometown Zoning Ordinance shall govern the status of any legal nonconforming use.
§ 22.40.1 Special uses.
[Added 3-8-2022 by Ord. No. 2-2022[1]]
The following uses, be them principal or as an accessory use, shall be considered special uses in the D Commercial District and shall not be developed or used without a special use permit:
(A)
Public utility yards and facilities.
(B)
Retail establishments similar to, but not specifically listed, as a permitted use in the D Commercial District.
(C)
Auto laundries.
(D)
Commercial undertaking establishments.
(E)
Parking lots accessory to a principal use located on another lot, but only if located not more than 300 feet from the principal lot.
(F)
Radio towers and radio broadcasting stations.
(G)
Firearms dealers less than one mile from any school or public park, but in no case shall any firearms dealers be located within 500 feet of any school or public park.
(H)
Pawn shops or business operating as a pawnbroker. However, no pawn shop or business operating as a pawnbroker shall be located within 300 feet of an existing pawn shop or business operating as a pawnbroker, an establishment licensed to sell alcoholic beverages, or land zoned for residential use.
[1]
Editor's Note: Section 2 of this ordinance stated that pursuant to § 22.45 of the Hometown Zoning Ordinance, the lawful use of any building existing at the time of the adoption of this ordinance may be continued, although such use does not conform with the provisions hereof. The remaining provisions of Article 13, Nonconforming Uses, of the Hometown Zoning Ordinance shall govern the status of any legal nonconforming use.
§ 22.41 Accessory buildings and uses.
Accessory buildings customarily incidental to the above uses are permitted.
§ 22.42 Parking regulations.
There shall be two square feet of parking area for each square foot of floor area. All parking requirements of the Americans with Disabilities Act and all other anti-discrimination laws must be met.
§ 22.43 Height regulations.
No building shall exceed 2 1/2 stories or 35 feet in height.
§ 22.44 Storage.
[Amended 3-9-2004 by Ord. No. 1-2004]
The lawful use of land for storage purposes which does not conform to the provisions of this chapter shall be discontinued within one year from the date of the approval of this chapter and the same uses of land which become nonconforming by reason of a subsequent change in this chapter shall be discontinued within one year from the date of the change.